HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANAND SHARMA
RAJASTHAN HIGH COURT JAIPUR – Appellant
Versus
SHRI DAMODER PRASAD SHARMA – Respondent
CRLCP / 4 / 2005
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Contempt Petition No. 4/2005 Rajasthan High Court Bench Jaipur ----Petitioner Versus Shri Damoder Prasad Sharma ----Respondent For Petitioner(s) : Mr. Rajendra Prasad,Advocate General assisted by Ms. Dhriti Laddha For Respondent(s) : Mr. Lalit Sharma HON'BLE THE CHIEF JUSTICE MR. K.R. SHRIRAM HON'BLE MR. JUSTICE ANAND SHARMA
Order
30/07/2025 This contempt petition has been pending since 2005. There are multiple affidavits in reply filed which are in Hindi language and learned Advocate General submitted that even in those replies respondent has made allegations which undermined majesty of the Court. Learned Advocate General submitted that respondent has not learnt any lesson despite being hauled up for contempt.
Mr. Lalit Sharma, counsel appearing for contemnor-
respondent states that respondent has filed affidavit dated 23rd April 2025. Upon query posed by the Court, Mr. Lalit Sharma states that respondent does not understand English but points out to an affidavit filed by respondent’s son Mr. Pradeep Sharma, who is present in Court and stated that Mr. Pradeep Sharma has read out and explained the contents of affidavit dated 23rd April 2025 to respondent. He adds that affidavit contains unconditional apology.
But when we perused affidavit filed by Mr. Pradeep Sharma on 07th May 2025, along with an application for exemption from personal appearance, we found too many flaws in the submission made by Mr. Lalit Sharma. First of all, affidavit is in support of application for dispensation with personal appearance of respondent. Secondly, that also says that contents have been read over to Mr. Pradeep Sharma and explained to him in Hindi and Mr. Pradeep Sharma has also signed in Hindi language. All these only indicate one thing that affidavit dated 23rd April 2025, which Mr. Lalit Sharma states has been filed by respondent to tender unconditional apology, does not appear to have been made on instructions.
Mr. Lalit Sharma seeks leave to file fresh affidavit of apology and also assures the Court that respondent shall be produced before Chief Translator of this Court. The Chief Trnaslator shall read out the contents of affidavit and explain the same to respondent herein and make requisite endorsement thereon. The matter was taken up today post-lunch because when it was called out in the forenoon, Mr. Lalit Sharma appeared through video conferencing and requested matter to be passed over. Learned Advocate General who appeared in the morning session, in view of request made by Mr. Lalit Sharma, has remained present in post-lunch session. Therefore, though we are inclined to grant time to file further affidavit, since these are contempt proceedings, one thing is absolutely clear it is an attempt to drag on these proceedings. Therefore, we shall impose cost for today’s adjournment and we hereby impose cost of Rs.10,000/-. This amount shall be paid within one week to the Rajasthan State Legal Services Authority. Copy of proof of payment shall be filed along with further affidavit and copy served on learned Advocate General’s office within two weeks from today.
Stand over to 03rd September 2025.
(ANAND SHARMA),J (K.R. SHRIRAM),CJ KAMLESH KUMAR-RAHUL/4
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