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MADHYA PRADESH HIGH COURT
Sujoy Paul, J.
State of M.P. and others v. Sonu Parashar and another
Contempt Case No.357 of 2013 (Gwalior) : arising out of order of M.P. High Court, Gwalior, passed in Writ Petition No.653 of 2013;
Decided on 18.2.2014.
Held : In the present case, no remorse or actual regret is shown by either of the contemners. They continuously made all efforts to justify their action. In absence of the element of real remorse and regret on the part of the contemners, unconditional apology cannot be accepted. Such apology cannot be treated as “unconditional apology”.
Resultantly, this Court is unable to accept the “unconditional apology” tendered by the contemners. Accordingly, the contemners are held to be guilty of criminal contempt of this Court. AIR 1954 SC 743, (2003)5 SCC 376, (1995)1 SCC 421, 1995 Supp.(2) SCC 130 and (2004)9 SCC 670 followed. (1995)1 SCC 150, (2010)15 SCC 164 and 2011 AIR SCW 5761 distinguished.
U;k;ky; voeku vf/kfu;e] 1971 & /kkjk 2¼x½] 10 rFkk 12 & yackbZ ds laca/k esa MkWDVj dk izek.k&i= rkfF;d :i ls vlR; lkfcr & vlE;d~ vuqrks”k izkIr djus ds fy, cuk;k x;k & bls U;k;laxr Bgjkus ds fy, U;k;ky; esa ‘kiFk&i= izLrqr & U;k;ky; ds voeku dk vijk/k fl) & bl izdfYir iz;Ru ds fy, v’krZ {kek;kpuk i;kZIr ugha & Hkfo”; esa bl izdkj dh xfrfof/k esa lfEefyr u gksus dh xaHkhj psrkouh lfgr :- 2]000@& dk tqekZuk vf/kjksfirA vfHkfu/kkZfjr % izLrqr ekeys esa] fdlh Hkh voekudkjh )kjk i’pkrki ;k okLrfod [ksn nf’kZr ugha fd;k x;kA mUgksaus vius d`R; dks U;k;laxr Bgjkus ds lHkh iz;kl fd,A voekudkfj;ksa dh vksj ls okLrfod i’pkrki rFkk [ksn ds vo;o ds vHkko esa v’krZ {kek;kpuk Lohdkj ugha dh tk ldrhA ;g {kek;kpuk ^^v’krZ {kek;kpuk** ugha ekuh tk ldrhA ifj.kkeLo:i] ;g U;k;ky; voekudkfj;ksa )kjk xbZ ^^v’krZ {kek;kpuk** Lohdkj djus esa vleFkZ gSSA rn~uqlkj] voekudkfj;ksa dks bl U;k;ky; ds vkijkf/kd voeku dk nks”kh Bgjk;k tkrk gSA , vkb vkj 1954 ,l lh 743] ¼2003½5 ,l lh lh 376] ¼1995½1 ,l lh lh 421] 1995 lIyh- ¼2½ ,l lh lh 130 rFkk ¼2004½9 ,l lh lh 670 vuqlfjrA ¼1995½1 ,l lh lh 150] ¼2010½15 ,l lh lh 164 rFkk 2011 , vkb vkj ,l lh MCY;w 5761 izHksfnrA ¼iSjk 16½
1. This contempt petition is arising out of the order dated 26.4.2013 passed in Writ Petition No.653/2013. The said writ petition was filed by Sonu Parashar by contending that his candidature for the post of Senior Secondary Recruit (SSR) in Indian Navy is wrongly rejected.
2. It was canvassed that the height of Sonu Parashar on the basis of Annexure P-4 dated 24.1.2013 (in the writ petition) is 157.5 cm., which is much more than the cut off height, i.e., 156 cm. This certificate is issued by Dr. J.P. Sonkar, a Government Doctor. This Court while hearing the writ petition found that the certificate is unusual and unique in nature. It was mentioned in the certificate that “after four months course of exercise and medicine, his height is 157.5 cm.” Thus, by order dated 25.2.2013 the Government Advocate was directed to seek instructions on the said medical certificate. In turn, Dr. Sonkar filed his affidavit dated 5.3.2013 and stated that Sonu Parashar came to him and submitted that he want to join the Navy, therefore, he is required a medical certificate. He admitted that due to mistake it has been mentioned that after four months exercise and medicine height is 157.5 cm. It is also mentioned that it was not based on any ill-intention of giving undue advantage to Sonu Parashar. Unconditional apology is also prayed for with further submission that in future he will not follow this kind of procedure and will not issue such kind of certificate. Dissatisfied with this stand of Dr. Sonkar, wherein he only admitted that certificate was incorrect to the extent it is mentioned that “after four months course of exercise and medicine, his height is 157.5 cm.”, this Court directed the Government to constitute a Medical Board to measure the height of Sonu Parashar. It is apt to mention here that in the first affidavit dated 5.3.2013, Dr. Sonkar has not admitted that height of the petitioner was wrongly measured. In obedience of the Court order, the Medical Board measured the height of Sonu Parashar and found his height as 156 cm.. After receiving this medical report, this Court directed Dr. Sonkar to file his affidavit and explain his conduct. In turn, he filed his affidavit dated 9.4.2013. It is mentioned in this affidavit that Dr. Sonkar being Senior Medical Officer instructed the subordinate staff to measure height of Sonu Parashar. The height was measured by subordinate staff through inch-tape. Dr. Sonkar recorded the height, which was told to him by the subordinate staff. In para 5 of the affidavit, it is mentioned that the mistake has been committed due to oversight in watching the centimeters on the inch-tape. However, it is defended by saying that it is bona fide. Unconditional apology is again prayed for.
3. If the second affidavit is examined in juxtaposition to first affidavit, it will be clear that in the first affidavit Dr. Sonkar has not made any effort to honestly admit that height was wrongly recorded. The first affidavit only shows his admission regarding giving four months course of exercise and medicine. However, in the second affidavit it is admitted that the height was wrongly recorded by the subordinate staff. This Court was not satisfied with the explanation and accordingly, by detailed order dated 26.4.2013 in the said writ petition directed the Registry to initiate contempt proceedings against Sonu Parashar and Dr. J.P. Sonkar. This order was challenged by Dr. Sonkar by filing Writ Appeal No.197/2013. The Division Bench on 1.5.2013 dismissed the said writ appeal and opined that prima facie it appears to be a serious matter and appellant has made himself liable for contempt of Court. This finding is given by the Division Bench after considering the scope and ambit of section 2(c) of Contempt of Courts Act, 1971. Section 2(c) defines “Criminal Contempt”.
4. In the writ petition, an affidavit is filed by Dr. Sonkar on 16.4.2013. In this affidavit again he stated that the certificate containing height of Sonu Parashar
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