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1966 Supreme(Online)(AP) 10

ANDHRA PRADESH HIGH COURT
Mohammed Mirza, J
Advocate General, Andhra Pradesh – Appellant
Versus
D. Seshagirirao – Respondent
Contempt of Court Case | Crl. R.C. No. 538 of 1963



Advocates:
For the Appellant:Advocate General
For the Respondent: Sri D. Suryaprakasarao, Sri. P.S.T. Sayee

Allegations against judicial officers that undermine public trust can constitute contempt of court, emphasizing the need to protect judicial integrity.

Headnote:(A) Contempt of Courts Act - Sections 3, 4 and 5 - Allegations of judicial bias and incompetence against judicial officers - Respondent accused them of ignoring legal provisions while convicting him for manufacturing salt without licence - Court found these statements constituted contempt, upholding the integrity of the judiciary. (Paras 15-19)

(B) Imputation of wrongdoing to judicial officers - The court emphasized that even post-judgment criticisms creating public distrust and impairing the justice system are grounds for contempt. (Paras 11, 20-22)

Facts of the case:
The respondent accused judicial officers of bias and incompetence in decisions regarding salt manufacturing legalities, believing they acted to favor specific individuals over him.

Findings of Court:
The court determined that the allegations posed a risk to judicial integrity and justified contempt proceedings despite the respondent's advanced age and health issues.

Issues: Whether the respondent's allegations constituted contempt of court and if his health and age provided sufficient grounds for leniency.

Ratio Decidendi: The court ruled that the respondent's scurrilous allegations against judicial officers undermined public confidence in the judiciary, constituting contempt despite being communicated privately.

Result: Respondent found guilty of contempt and fined Rs. 200.

Table of Content
1. introduction of the contempt case against the respondent's allegations. (Para 1 , 2 , 8 , 13)
2. respondent's original complaint and subsequent appeals related to salt manufacturing. (Para 3 , 4 , 5 , 6 , 19)
3. judicial integrity is protected from public distrust by ensuring contempt for disparaging remarks. (Para 15 , 20 , 22 , 25)

1. The Advocate General, Andhra Pradesh, has filed this petition against D. Seshagirirao, the respondent herein, for action under S.3, S.4 and S.5 of the Contempt of Courts Act , The respondent is said to have committed contempt of court by reason of the scurrilous attacks winch he made against the Additional Sessions Judge, Rajahmundry, and the Judicial Second Class Magistrate, Kakinada in the letters which he addressed to them on 30-10-1964.

2. In order to appreciate the points tit issue, it may be necessary to state a few facts.

3. The respondent filed a criminal complaint against the officials of Gurazanapalli Salt Factory, near Kakinada in East Godavari District under S.447, S.506 find 500 I.P.C. and S.22 - D of the Central Excises and Sail Act, No. 1 of 1944 (hereinafter referred to us 'the Act"), alleging that without any manner of justification they trespassed upon the land (salt pan), and prevented him from manufacturing salt for a day. He claimed title to the land, and also contended that he was under no obligation to take a licence from the department for manufacturing salt, on the ground that no notification was issued by the Government to that effect in respect of the land in question. The trial Magistrate held that the salt officials committed the acts alleged in the exercise of their duly and that no injury had been caused to the respondent, and acquitted the accused. Against the judgment of acquittal, the respondent carried the matter in appeal to this court in Criminal Appeal No. 266 of 1962, Sharfuddin Ahmed, J., in his judgment dated of 16-10-1962, observed that the public prosecutor conceded that no notification under S.6 of the Act had been issued requiring a licence to be taken even in the case of small scale manufacture of salt. Even so, it was argued on behalf of the Department before the learned Judge that according to the lease deed executed by the respondent in favour of the salt officials, he was prevented from subletting, and as the officers honestly thought that the respondent had sublet, they thought they had to prevent the complainant from manufacturing the salt. The learned Judge found that the respondent was in possession of the land and manufacturing salt for quite a long period, that he also executed a lease in favour of the department in 1953, and that the lease was being acted upon. The officers gave notice to the respondent and sought the help of the police in order to prevent manufacture of salt as the believed that the respondent sublet the pan, and they acted bona fide in the discharge of their duties. They did not bear any grudge towards the respondent and were not interested in dispossessing him, or inducting some other person, and soon after the police refused to interfere in the matter, the department withdrew their peons from the site, and the work was not stopped for more than a day. The learned Judge, therefore, held that there was no criminal intention on the part of the officers when they entered upon the property, and that they were not liable for an offence under S.447 I.P.C., and confirmed the judgment of the Magistrate.

4. Even during the pendency of Criminal Appeal 266 of 1961, The salt factory officer, Guruzanapalli, filed C. C. No. 834 of 1962 on the file of the Additional Judicial II Class Magistrate, Kakinada, against the respondent on the ground that he contravened S.6 of the Act, read with R.102 of the Rules made thereunder, and that he committed an offence punishable under S.9 of the Act. The case of the Department was that in respect of survey No. 5, under platform No. II, measuring about Ac. 3-00 in Gurazannapalli salt






















































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