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1932 Supreme(Oudh) 69

HIGH COURT OF OUDH
Smith, J.
In Re: Mohammad Wasim - Appellant
Versus
. - Respondent
Decided On : 15-11-1932

JUDGMENT

Smith, J - On 4th November 1932, this Court issued the following notice to Mr. Muhammad Wasim, an advocate of this Court:

In the Chief Court of Oudh at Lucknow.

Notice. To. Mr. Muhammad Wasim, Advocate,

Luoknow.

Whereas information has been received by the Hon'ble Court that you in addressing a meeting of the Oudh Bar Association in the afternoon of the 19th day of October 1932, in the precincts of the Hon'ble Court, made use of the following expression to that effect: "Every man in the street refuses to believe in the integrity and honesty of the Judges of the Chief Court." And whereas in the opinion of the Hon'ble Court this expression, or an expression to that effect, prima facie, amounts to contempt of Court, the Hon'ble Court has ordered that notice be issued to you to show cause why proceedings should not be taken against you under Section 2, Contempt of Courts Act, 1926 (12 of 1926). And in pursuance of that order you are hereby required to appear before a Bench of the Hon'ble Court in Court No, 1, at 10-30 a. m on Monday, the 7th November 1932, to show cause why such proceedings should not be taken against you.

Given under my hand and the seal of the Court.

(Sd.) M. Upadhyay.

4th November Registrar, Chief Court of

1932. Oudh.

2. In pursuance of this notice, Mr. Mohammad Wasim appeared before us on 7th November 1932, and denied the use of the expression attributed to him in the aforementioned notice, but he admitted, and his counsel admitted the same in the proceedings of the Court, that he had used in his speech delivered at the meeting of the Oudh Bar Association held on 19th October 1932 the following words:

The man in the street has lost confidence in the administration of justice in the Province of Oudh.

3. On 9th November 1932 the Government Advocate presented the following petition in this Court:

In the Chief Court of Oudh at Lucknow. In re Mr. Muhammad Wisim, Advocate.

4. The humble petition of G.H. Thomas, Government Advocate, Chief Court, respectfully sheweth: (1) That in the above case Mr. Muhammad Wasim filed a written statement on 7th November 1932, and in para 15 of the said written statement it is stated that Mr. Muhammad Wasim in his speech, delivered at the meeting of the Oudh Bar Association, held on 19th October 1932, made use of the following expression: "The man in the street has lost confidence in the administration of justice in the Province of Oudh." (2) That considering the context and the surrounding circumstances your humble petitioner is of opinion that the above expression has only one meaning: that the public has lost confidence in the administration of justice in the Province of Ondh, by the Chief Court of Oudh. (3) That your petitioner is of opinion that the aforesaid expression prima facie amounts to contempt of Court and the defendant should be called upon to show cause why proceedings of contempt of court should not be taken against him in respect of this expression also. It is therefore prayed that: (i) a further notice be issued to Mr. Muhammad Wasim to show cause in respect of the above expression; (ii) and the said expression be included in the charge as additional or an alternative case or both."

5. Thereupon the Court issued the following notice to Mr. Muhammad Wasim, and also directed the office to serve a copy of the Government Advocate's application on Mr. Muhammad Wasim: "In the Chief Court of Oudh at Lucknow. In re Mr. Muhammad Wasiin, Advocate (Criminal Miscellaneous Application No. 86 of 1932.)

Notice.

To Mr. Muhammad Wasim, Advocate,

Luoknow.

Whereas in para. 15 of the written statement filed b you on 5th November 1932 in the case noted above, you have admitted that in a meeting of the Oudh Bar Association hold on 19th October 1932 in the precincts of the Hon'ble Court, you made use of the following expression:

The man in the street has lost confidence in the administration of justice in the province of Oudh "And whereas the Government Advocate has today filed th

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