Hon’ble Sudhir Agarwal, J.—Heard Sri Dhruv Narain, learned counsel appearing on behalf of contemnor, assisted by Sri Namit Srivastava, Advocate and Sri Sudhir Mehrotra, special counsel appearing on behalf of High Court.

2. This criminal contempt proceeding cropped up on a reference made by Sri Saeed Uz Zaman Siddiqui, District Judge, Jyotiba Phule Nagar at Amroha (hereinafter referred to as “J.P. Nagar”) for initiating contempt proceedings under Section 15 of Contempt of Courts Act, 1971 (hereinafter referred to as “Act 1971”) read with Section 12 against 41 Advocates namely, (1) Sri Khaleeq Ahmad, (2) Kapil Chikara, (3) Rashid Mian, (4) Gaurav Kumar Agarwal, (5) Ram Autar Gupta, (6) Sunil Babu, (7) Rajeev Gole, (8) Saleem Khan, (9) Chaudhary Naresh Veer Singh, (10) Vivek Bishnoi, (11) Naeem Ahmad, (12) Kripal Singh Yadav, (13) Mohd. Ali Naqvi, (14) Indrapal Gole, (15) Dilshad Ali, (16) Sajid Rauf, (17) Dinesh Chauhan, (18) Manu Sharma, (19) Ali Imam Rizvi, (20) Arshad Bharti, (21) Jai Prakash Yadav, (22) Surya Pratap Singh, (23) Bharat Singh Saini, (24) Vinod Kumar, (25) Raj Chaudhary, (26) Nadeem Khusro, (27) Rajendra Singh Saini, (28) Dinesh Singh, (29) Vinod Kumar Saini, (30) Ashok Kumar Kapoor, (31) Chain Sukh Gole, (32) Sarvesh Sharma, (33) Basant Singh Saini, (34) Pawnesh Chauhan, (35) Avnish Sharan Bansal, (36) Shrafat Hussain, (37) Mangat Ram Saini, (38) Nitin Bansal, (39) Hukum Singh Saini, (40) Dalpat Singh; and, (41) Amit Chahal.

3. All contemnors except Saleem Khan (contemnor 8), Dilshad Ali (contemnor 15), Basant Singh Saini (contemnor 33) and Amit Chahal (contemnor 41) pleaded guilty of contempt and sentenced one days simple imprisonment and fine of Rs. 2000/-. They were restrained from entering Court premises for a period of one month commencing from 15.5.2015.

4. Contemnor 8, Saleem Khan also pleaded guilty and vide judgment dated 21.4.2015 passed separately, after holding guilty he was sentenced one days simple imprisonment and fine of Rs. 2000/- and debarred from entering Court premises for a period of four months commencing from 13.7.2015 since it was second contempt on his part.

5. Contemnor 41, Amit Chahal was dealt by another judgment dated 21.4.2015 and looking to the fact the he had ceased to practice and was working as Assistant Teacher in primary school, this Court taking a lenient view in the matter accepted his unconditional apology with warning that in future such conduct shall not be repeated and he shall maintain proper discipline and disposed of contempt petition against him accordingly.

6. Thereafter this contempt petition survives only with respect to Contemnors 15 and 33 i.e. Dilshad Ali and Basant Singh Saini. They wanted trial of the matter stating that they have been wrongly implicated. This Court framed charge against aforesaid two Contemnors on 21.4.2015 as under :

“That both of you namely, Dilshad Ali and Basant Singh Saini, Advocates, alongwith others on 6.3.2010 resisted the shifting process of Civil Courts to newly constructed complex by burgling into the old Court complex. Your obstruction was foiled by the staff and officers of the justice. The conduct of all of you is a clear obstruction in administration of justice, thus both of you have committed criminal contempt defined under Section 2 (c) read with 10 of Act, 1971, punishable under Section 12 of the Act, 1971?”

7. Both these Contemnors filed counter-affidavits, separately, sworn on 22.7.2015. A supplementary counter-affidavit was filed by Contemnor 15 Dilshad Ali, sworn on 6.10.2015.

8. An application was also filed on behalf of Contemnor 33, requesting to summon Court officials namely, Mool Chand, Anil Srivastava and Krishna Mohan Srivastava as defence witnesses which was allowed vide Court’s order dated 17.11.2015. Thereafter Contemnor 15 moved an application for summoning three defence witnesses namely Israr Ali and Qayum Raza who are also officials of Court of Judicial Magistrate, J.P. Nagar. This application was