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1974 Supreme(All) 134

Allahbad High Court
M.L.SINHA,BN.KATJU
G.N. Verma - Appellant
Versus
Hargovind Dayal - Respondent
Decided On : 05/22/1974

Act Referred

ALLAHABAD HIGH COURT RULES : R.19, Ch.18
CONSTITUTION OF INDIA : Sch.7, List.2 Item.3, List.1 Item.78, Art.225, Art.19
CONTEMPT OF COURTS ACT : S.2(c)
UTTAR PRADESH HIGH COURTS AMALGAMATION ORDER : S.14, Cl.14

Headnote

CONTEMPT OF COURT - [KEYWORD] - SUBJECT - [ACT SECTION LIST] - [SUMMARY]

Fact of the Case:

The contemners passed and published resolutions demanding immediate amendment of the High Court Amalgamation Order and stating that the Amalgamation Order vests the Chief Justice with power to transfer cases of the territory of Avadh to Allahabad, which in practical working has been abused and misused. The news item regarding the passing of the aforesaid resolution was published in the National Herald and the Northern India Patrika dated May 6, 1973.

Finding of the Court:

The impugned resolutions were passed in the background stated in the counter-affidavit of contemner No. 1, that they related to non-judicial acts of the Hon'ble Chief Justice and, in view of the law laid down by this Court in the case of Rex v. B. S. Nayyar, AIR 1950 All 549, the resolutions in question are not punishable as they do not amount to contempt of this Court.

Issues: Whether the impugned resolutions passed by the contemners amounted to contempt of court.

Ratio Decidendi: The court held that the impugned resolutions passed by the contemners amounted to contempt of court as they contained disparaging remarks about the Chief Justice and were intended to undermine his authority and prestige.

Final Decision: The notices issued to contemners nos. 1 to 5 are discharged.

Advocates:
G. N. Verma, for Applicant:L.D. Joshi and H.N. Tripathi, for Respondents.

Judgement

J.M.L. SINHA, J. :- The contemners opposite parties have been called upon to show cause why they should not be punished for having committed contempt of this Court. The facts leading upto the issue of the notice can be stated as below :-

Sarvasri Hargovind Dayal Srivastava and Hargun Sharan Srivastava, Contemners Nos. 1 and 2 respectively, are members of the Avadh Bar Association. The former is the President of that Association and holds a position of eminence. Contemners Nos. 3, 4 and 5 are printers and publishers of the National Herald, the Pioneer and the Northern India Patrika respectively. The first named the two papers are published at Lucknow and have an extensive circulation in this State. The Northern India Patrika is published at Allahabad. As is well known, till 1948 the Allahabad High Court and the Chief Court at Lucknow had separate identity. In 1948 came the U. P. High Courts Amalgamation Order by which the High Court in Allahabad and the Chief Court in Oudh were amalgamated to constitute one High Court by the name of the High Court of Judicature at Allahabad. A Bench of this Court was retained at Lucknow. Since then there has been controversy regarding the jurisdiction of the Bench at Lucknow and of this Court as sitting at Allahabad. Sri S. K. Verma assumed the office of the Chief Justice of this Court in 1971 and representations were then made to him as well regarding the same matter. In the meantime the question of jurisdiction of the Bench at Lucknow came up for consideration before a Full Bench of this Court in the case Nirmal Das Khaturia v. State Trans. Trib., U. P., 1972 All LJ 70 : (AIR 1972 All 200) (FB). Thereafter representations were again made to Sri S. K. Verma, the then Chief Justice to take action in conformity with the decision of the Full Bench. It appears that an Action Committee had been formed by the Avadh Bar Association to pursue the matter on or about February 3, 1973, the Avadh Bar Association passed a resolution demanding immediate amendment of the High Court Amalgamation Order and stating that the Amalgamation Order vests the Chief Justice with power to transfer cases of the territory of Avadh to Allahabad, which in practical working has been abused and misused. The abovementioned portion of the resolution was printed and published in the National Herald dated February 4, 1973, in the following manner :-

'It demanded the immediate amendment of the High Court' Amalgamation Order which vests the Chief Justice with power to transfer cases of the territory of Avadh to Allahabad, 'which in practical working has been abused and misused."

On April 18, 1973, the Chief Justice issued a fresh notification under Clause 14 of the Amalgamation order giving exclusive jurisdiction to the Lucknow Bench on nine districts of Avadh. The notification, however, further said that cases pertaining to the three districts of Faizabad, Sultanpur and Partapgarh could be entertained and disposed of either at the Lucknow Bench or in the Court at Allahabad. This notification failed to satisfy the members of the Avadh Bar. One of the members of the Avadh Bar was reported to have expressed that the notification had been issued to befool the lawyers and the litigant public of Avadh. The sentiments expressed by the members of the Avadh Bar got wide publicity through a news item in the Pioneer dated April 20, 1973. The impugned portion of the news item reads as follows :-

"The notification has been issued to befool the lawyers and the litigant public of Avadh."

On May 3, 1973 the Action Committee passed a resolution, which inter alia said :

"The Action Committee is of the opinion that the Chief Justice is acting in the discharge of administrative power under Clause 14 of the U. P. High Courts Amalgamation Order, 1948 in a most partisan manner under the influence of Allahabad Bar quite unbecoming of the office which he holds." The news item regarding the passing of the aforesaid resolution was published in the Nati















































































































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