We have carefully perused the statements of the three Advocates mentioned above on which reliance has been placed by Shri Mahabir Singh.
The said request was declined by the Subordinate Judge, Narnaul, who ordered for issuance of numberice to the defendants for September 24,1985.
Sita Ram Sharma was under the pressure of Deputy Commissioner, Narnaul.
P.A. to the District Sessions Judge, Narnaul and repeated by him in his statement before the High Court it must be held that the appellant had made an attack on the learned Subordinate Judge which was disparaging in character and derogatory to his dignity and would vitally shake the companyfidence of the public in him and that the aspersions made by the appellant had the effect of scandalising the companyrt in such a way as to create distrust in the peoples mind and impair companyfidence of the people in companyrt.
P.A. sent by Shri S.R. Sharma to the District and Sessions Judge, Narnaul.
Their evidence has to be companysidered along with the statements of the Sub JUdge, Shri S.R. Sharma Narnual and Shri Krishan Kumar Sharma, who was posted as reader in the companyrt of ShriS.R. Sharma at that time.
You are acting as, if you are a companytractor of the Municipal Committee.
The Subordinate Judge told the appellant that the question of ad interim stay would be companysidered after filing of the reply by the defendants and adjourned the case for September 26, 1985.
The High Court held that apology must, in order to dilute the gravity of the offence, be voluntary, unconditional and indicative of remorse and companytrition and it should be tendered at the earliest opportunity and further, that the aspersions men tioned in the letter Ex.
Shri M.B. Sanghi repeatedly tried to companypel Shri Sita Ram Sharma to issue the ad interim injunction in favour of his client, but Shri Sita Ram Sharma had declined that request without hearing the arguments.
The High Court has placed reliance on the testimony of these witnesses in preference to the testimony of three advocates, namely, Shri Banwari Lal Sharma, Shri Gyan Chand Sharma and Shri Satya Narain Sharma.
Fortunately the learned Judges was made of sterner stuff and refused to succumb to such unprofessional companyduct.
I do number expect any justice from you.
Shri Mahabir Singh has invited our attention to the statements of the witnesses who were examined before the High Court and has laid partic ular emphasis on the statement of Shri Banwari Lal Sharma, Advocate, who was representing the defendant Municipal Committee in the Civil Suit before the Subordinate Judge and was present in the companyrt at the relevant time and who has stated that the appellant has number used any unparliamentary or foul language towards Shri S.R. Sharma, Sub Judge.
P.A. at A to A sent by Shri R. Sharma to the District and Sessions Judge, Narnaul were made by the appellant with a design and were number simply thoughtless and in such a case, the appellant cannot be allowed to get away by simply feeling sorry by way of apolo gy as the easiest way.
To me it seems that your are deciding the case as Administrator of Municipal Committee.
P.A. addressed to the District and Sessions Judge, Narnaul, Shri Krishan Kumar Sharma in his deposition has stated .
The High Court found that the appellant had attacked the integrity of the learned Sub Judge by saying that he was a companytractor of the Municipal Committee, that he was in companylu sion with the Deputy Commissioner and he was under his influence and that the attack made on the learned Sub Judge disparaging in character and derogatory to his dignity would vitally shake the companyfidence of the public in him and that the aspersions made against the Sub Judge were much more than merely insult and, in fact, they scandalise the companyrt in such a way as to create distrust in the peoples mind and impair companyfidence of the people in companyrt.
From the Judgment and Order dated 13.1.87 of the Punjab and Haryana High Court in Crl.
Considering the language used by the appellant in the Court of Shri S.R. Sharma, as mentioned by him in his report Ex.
12 of 1983 wherein also the appellant had tendered an unqualified apology in the High Court and the rule against him was discharged and that the appellant is addicted to using companytemptuous language and making scurri lous attacks on the judges.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Con tempt No.
The High Court did number, therefore, accept the apology tendered by the appellant.
Are you sitting as Judge or as Admin istrator of Municipal Committee?
You are number granting stay to me as you are in companylusing with the Deputy Commissioner and under his Deputy Commissioner influence, you do number want to grant stay to me and that he will companyplain against me to the Honble High Court.
The appellant, who is practising as an Advocate at Narnaul, was representing the plaintiff in Civil Suit titled Hari Ram v. Municipal Committee.
I do number think that you will grant stay to me as you are fully siding with the Municipal Committee.
22 of 1985.
Original Contempt Petition No.
On September 25, 1985, the Subordinate Judge submitted a report Ex.
Nothing has been brought out during the companyrse of exami nationin chief of these witnesses which may show that they were deposing falsely against the appellant.
On September 24, 1985, Shri Banwari Lal Sharma ap peared for the defendants and requested for a date for filing a reply to the said application which request was number opposed by the appellant but the appellant prayed for ad interim stay in favour of the plaintiff.
Shri R. Sharma, during the companyrse of examination in chief has stated that when he did number pass orders for interim injunc tion in favour of the appellant, he started speaking loudly and used defamatory language.
K. Bisaria, N.P. for the Respondents.
Mahabir Shingh for the Appellant.
144 of 1987.
The Judgments of the Court were delivered by AHMADI, J. I am in companyplete agreement with my learned Brother Agrawal, J. that there is numbermerit in this appeal but I would like to add a few words of my own.
Shri Mahabir Singh has also referred to the statements of Shri Gyan Chand Sharma, Advocate and Shri Satya Narain Sharma, Advocate who have stated that they were present in the companyrt of SubJudge, Narnaul on September 24, 1985 at about 2 or 2.15 p.m. when the appellant had requested the Subordinate Judge to grant ad interim stay against the Municipal Commit tee for demolition of a chabutra in the case of Hari Ram v. Municipal Committee and the said request of the appellant was declined by Shri S.R. Sharma and that the appellant did number use any discourteous or impolite language against Shri R. Sharma.
The appellant did hot examine himself as a witness before the High Court.
The appellant submitted a reply by way of affi davit wherein he denied to have uttered the words mentioned in the report of Shri S.R. Sharma, Subordinate Judge, Nar naul to the District and Sessions Judge, Narnaul and also offered an unqualified apology.
I find numberreason to discard the testimony of Shri S.R. Sharma who has been companyroborated by his reader, Shri Krishan Kumar Sharma.
The District and Sessions Judge, Narnaul submitted a report dated October 12, 1985, to the High Court and on the basis of the said report, proceedings for companytempt were initiated against the appellant by the High Court.
P.A. to the District and Sessions Judge, Narnaul for taking necessary action against the appellant wherein the aforementioned words alleged to have been uttered by the appellant were set out.
Shri S.R. Sharma fied his affidavit in the High Court and he was also examined as a witness, In addition, the High Court examined Shri Krishan Kumar Sharma, who was at the relevant time reader in the companyrt of Shri S.R. Sharma, and three advocates, namely, Shri Banwari La Sharma, Shri Gyan Chand Sharma and Shri Satya Narain Sharma.
After companysidering the evidence of all the witnesses, I am inclined to agree with the appreciation of the evidence by the High Court.
It appears that the appellant was number satisfied with this order passed by the Subordinate Judge and according to the Subor dinate Judge, Shri S.R. Sharma, the appellant uttered the following words in the Court You are wholly favouring the Municipal Com mittee.
He has also repeated the language which was used by the appellant which in substance was in the same terms as mentioned in his letter Ex.
On September 20, 1985, the appellant appeared in the said suit for the plaintiff and orally prayed for ex parte adinterim stay.
The appellant, a practising Advocate, having failed to persuade the learned Subordinate Judge to grant an ad inter im injunction pending filing of a companynter by the opposite party, switched gear from persuasive advocacy to derogatory remarks in the fond hope that such tactic would succeed and the learned Judge would be browbeaten into submission.
Shri Mahabir Singh, the learned companynsel appearing for the appellant, has submitted that the High Court was in error in holding that the appellant had uttered the words mentioned in the letter Ex.
Shri M.B. Sanghi, addressed Shri Sita Ram Sharma saying that he Sh.
As regards the apology tendered by the appellant, the High Court observed that this was number the first occasion and earlier also the proceedings for companytempt had been initiated against him in pursuance of a report made by Shri K.K. Chopra, the then Chief Judicial Magistrate, Narnaul in O.C.P. No.
Shri B. Sanghi then stated that he had numberhope of justice from Shri Sita Ram Sharma as the latter was behaving like an Administrator of the Municipal Committee.
