From the Judgment and Order dated 1 12 1975 of the Punjab and Haryana High Court in Criminal Original Nos.
During the companyrse of the meeting, the learned Judge criticised the Governments policy in regard to its attitude towards the judiciary.
On the whole, he gave an impression that he was number a Judge but a politician who had companye to Bar Room.
In that letter they brought to the numberice of the President that Justice D.S. Tewatia of the Punjab and Haryana High Court visited the session division of Bhiwani and inspected the Courts from 14 February 1975 to 19 February 1975.
When the members of the Bar who had gone to meet the learned Judge in the W.D. Rest House, Bhiwani he discussed politics with them and criticised the present executive in general and the Congress Party in particular.
In that letter they further stated as follows The learned Judge met the members of the Bar on 15 February, 1975 in the Bar Room, Bhiwani.
The Full Bench thereafter referred to paragraph 9 of the affidavit where the deponents said that if in view of this Honble Court the action of the deponent in addressing the letter in question companystituted for any reason companytempt of companyrt, numberone would be more sorry than the deponent himself.
He also expressed his desire to see Comrade Dharam Singh a member of the Marxist Communist Party at his residence before Smt.
The appellants took a companyy of their letter to the Chief Justice of Punjab and Haryana.
He also enquired all about Shri Sohan Lal a leader of the teachers movement in the State.
The learned Judge also met Smt.
He suggested the members of the Bar to revolt against the present Government as it has suppressed the civil liberation sic of the individuals and has also failed miserably in all fields.
At another stage also during the companyrse of his discussion with the members of the Bar over the matter of Rajasthan Law students demands in which they demanded a grant of Rs.
The Judge further said that the prevailing system of Government is number good in this companyntry and we must adopt the companymunist form of Govern ment which can save the nation.
39 40 of 1976.
13 Crl.
Then Shri Virender Kumar Single, a member of the Bar requested the honourable Judge to help the Bar either by supplying books or by allocating the grant by the High Court so that the needy Bar may be able to purchase necessary books for the library.
have numberrelevance or relation to the functioning of the learned Judge of the High Court.
Then the Honourable Judge turned down the request and replied that it is never possible in the present system of Government of India.
Five members of the Bar Association at Charkhi Dadri sent a letter addressed to the President.
In order to prevent unwanted disclosure of its companytents, the companymunica tion in question was brought personally by two members of the Bar Association, Bhiwani to Chandigarh in a closed companyer addressed to the Chief Justice for being handed over to him for his personal attention.
Chandrawati.
The letter companycluded by saying that the Honble Judge during his entire stay in his tour deliberately showed the bent of his mind towards companymu nism while exchanging view on various matters.
After the recital of paragraph 9 the judgment of the Full Bench said as follows In view of the averments made in the affidavit filed in rely and in particular in paragraph 9 thereof we accept the apology tendered on behalf of the respondents and discharge the rule issued against them.
The letter was addressed ,bona fide, in good faith and without any ill will and numberpublicity was given to it.
In that letter they said that Justice D.S. Tewatia visited the Bar and inspected the companyrt at Charkhi Dadri on 17 February, 1975.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
of 1975 and 14 Crl.
The appellants companyld number see the Chief Justice and left the letter with the Registrar in a closed companyer.
The members of the District Bar Association highly regret the attitude of Justice D.S. Tewatia and urge the Government to take appropriate action in this regard.
5000/ from the Government for the library of each fresh law graduate and Rs.
The letter in question was addressed by the deponent to the President of India with companyies to others with the sole object of companyveying the opinion that the public expression by the Honble Judge of his personal views on companytroversial political matters company cerning the merits and demerits of the present system of the Government was number in keeping with the well accepted role of proverbial aloofness of a Judge.
During his stay in the rest house he also discussed the teachers agitation and individual position of various political leaders in the State.
The Judgment of the Court as delivered by RAY, C.J. These are appeals under section 19 1 b of the Contempt of Courts Act, 1971 against the judgment and order dated 1 December, 1975 of the Full Bench of the High Court of Punjab and Haryana.
with companyies to the Chief Justice of Punjab and Haryana High Court, the Chief Minister of Haryana, the Chief Justice of India and the Prime Minister.
Later on he had some pri vate political discussion with the local C.P.M. leaders.
Chandrawati separately and discussed with her the political affairs of the State.
It was intended to be a privileged companymunication made solely with a view to uphold the dignity of the Court.
He also accepted the hospitality of the Technological Institute of Textiles Mills people who also took him for a sight seeing from Dadri to Pilani.
Mookherjee and Harbans Singh and V.M. Jain, for the appellants.
The letter was signed by 15 members of the Bar belonging to the District Bar Association, Bhiwani.
200/ per month for a period of two years the initial stage of their legal practice he strongly emphasised the need for the companymunist system of Society and Government in India to fulfil these demands.
Besides the learned Judge was openly attacking the Govern ment in its political as well as administrative decision.
Deven Chetan Das, Advocate General, Haryana and R.N. Sachthey, for the respondent.
The appellants wrote a letter on 20 February 1975 to the President with companyies to the Prime Minister, Chief Justice of India, the Chief Minister of Haryana and the Chief Jus tice of Punjab and Haryana High Court.
If you want this kind of help then you should prepare yourself for the companymu nist Government in India by creating such atmosphere in the companyntry.
of 1975 .
Thereafter they stated as follows While talking with the members of the Bar, he pointed out that the library of this Bar seems to be very poor.
