Gobind Ram v. State of Maharashtra, (SC) BS107828
SUPREME COURT OF INDIA

(Large Bench)

Before:- S.M. Sikri, C.J.I., A.N. Grover, A.N. Ray, D.G. Palekar and M.H. Beg, JJ.

Criminal Appeal No. 51 of 1968. D/d. 21.2.1972.

Gobind Ram - Appellant

Versus

State of Maharashtra - Respondent

Contempt of Courts Act, 1952, Section 3(2) - Scandalising of Court - Leveling allegations of serious and scurrilous nature - Nature of allegations not amounting to contempt of Court - No punishment can be inflicted.

[Para 11]

Cases Referred :-

Perspective Publications (P) Ltd v. State of Maharashtra, (1969) 2 SCR 779.

State of Madhya Pradesh v. Revashankar, 1959 SCR 1367.

State v. Editors and Publishers of Eastern Times an Prajatantra, AIR 1952 Orissa 318.

Swarnamayi Panigrahi v. B. Nayak, AIR 1959 Orissa 89.

Emperor v. Murildhar, ILR 38 Allahabad 284.

Debi Prased Sharma v. Emperor, AIR 1943 Privy Council 202.

JUDGMENT

Grover, J. - This is an appeal by special leave from a judgment of the Bombay High Court finding the appellant, who is an Advocate, guilty of contempt of court and sentencing him to simple imprisonment for a term of four weeks and a fine of Rupees 1,000/- It was directed that in default of payment of the fine he would have to undergo simple imprisonment for a further period of four weeks. He was also ordered to pay the costs of the Assistant Government Pleader in the High Court and the Government Pleader before the Sessions Judge.

2. The material facts may be stated: In March 1966 a suit was filed against the appellant by D. N. Santani who is also an Advocate for recovery of Rs. 640/- in the Court of the Civil Judge, Junior Division, Kalyan .The plaintiff in that suit had engaged H. I Jagiasi as his Advocate. In the written statement filed by the appellant he made certain allegations against Jagiasi and alleged inter alia that the latter was responsible for the suit, Jagiasi filed a criminal complaint for defamation in August 1966 against the appellant in the Court of Shri P. D. Sayyid, Judicial Magistrate at Kalyan. The appellant has set out number of incidents and matters in his petition for special leave to appeal which it is not necessary for our purpose to mention.It would suffice to say that on October 15, 1966 the appellant filed an application before the Judicial Magistrate saying that he intended to apply for transfer of the case to some other court. On October 28, 1966 he presented a transfer application in the court of the Sessions Judge. Thana. The transfer application was ultimately dismissed by the Assistant Judge and Additional Sessions Judge on March 8, 1967 before whom it came up for disposal. Meanwhile it apperas that the appellant applied for transfer of the civil suit which had been filed by D. N. Sentani to the court of the District Judge The suit was stayed and we have been informed that ultimately it was transferred sometime in the year 1967 from the court of Shri M. B. Baadkar from whose court transfer was sought. It has further been stated at the Bar and that statement has not been challenged that the civil suit was ultimately dismissed in August 1969.

3. While dismissing the transfer application of the appellant in the criminal complaint filed by Jagiasi in the court of Shri P. D. Sayyid the Additional Sessions Judge recorded an order that a report be submitted to the High Court for considering the conduct of the appellant and the course adopted by him in making the transfer application and in making imputations or aspersions against the Judicial Officers and to take action for contempt of court under Section 3(2) of the Contempt of Courts Act, 1952, hereinafter called the 'Act'. This was done after reproducing there paragraphs from the transfer application and expressing an opinion that the appellant had attempted to attack the integrity and honesty of the courts of the judicial Magistrate and the Civil Judge and to scandalise and to malign the same. The High Court made an order on December 1, 1967. The following part of that order may be reproduced:

It was further Stated in that order that the appellant had asked for an opportunity to establish the truth of the allegation made above which had been made both "because of his personal knowledge and also because of information obtained from others." A list of witnesses was furnished by the appellant whom he proposed to examine. The High Court directed the District Judge to record the evidence and to submit his report along with the evidence and the reports of the two judges. It was expressly stated that the inquiry was to be confined to the allegations which had been quoted above. The show cause notice which was issued to the appellant by the High Court (omitting unnecessary portions) was as follows:

And whereas this Court has on 15th June 1967, passed the following order.

4. The District Judge in accordance with the orders of the High Court submitted a report giving his own findings on the evidence recorded by him and also after taking into consideration the reports of Srvashri Baadkar and Sayyid which had been called for from them apparently after the witnesses produced by the appellant had given their evidence and copies of their depestions had been sent to the two judges. The appellant raised two preliminary objections before the High Court. The first was that the District Judges could only submit a record of evidence and could not give his findings and secondly he could not take into consideration the reports of the two judges which had not been shown to the appellant. Another objection raised was that the reports of the Judicial Officers could not have been relied upon because appellant had no opportunity to cross-examine them. The High Court repelled all these objections. From the statement of preliminary facts it is clear that the High Court relied only on the allegations contained in para I of the application of transfer which have already been set out before and contents of which were that Shri Sayyid was on friendly relations with Jagiasi and that he had even enjoyed his hospitality sometimes alone and sometimes in the company of Shri Baadkar.

5. We have Iaid a certain amount of stress on the aforesaid allegation made in para I of the transfer application because that application consisted in substance of three paragraphs. It will be desirable, owing to the nature of this case, to set out all the allegations made it the transfer application:

6. The question which immediately arises is whether an allegation of the nature made in para (1) in the circumstances of the present case in a transfer application would amount to contempt of the two judges Sarvashri Sayyid and Baadkar. The High Court made a detailed examination of the evidence adduced before the District Judge and also relied on the reports of Sarvashri Sayyid and Baadkar. It came to the conclusion that the allegations made by the appellant had not been proved. It was observed that these allegations "in the above quoted paragraph" which means paragraph I were quite serious. The High Court was also influenced by the fact that the appellant had "pitched the case higher and tried to prove that the two judges concerned were continuously receiving from Mr. Jagiasi presents of large value in the shape of sarees and other articles and thus receiving bribes so as to indiscreetly favour Mr. Jagiasi and the litigants whom he represented in their Court". The appellant was not even willing to tender an apology and his position as an Advocate was naturally regarded as making the contempt all the more serious.

7. The appellant, who has argued the case himself, has raised the following mian contentions:

8. In our opinion it is wholly unnecessary to decide points 1 to 4 because the appellant must succeed on the 5th point. This Court has, after a review of all the relevant decisions, said down in Perspective Publications (P) Ltd v. State of Maharashtra, (1969) 2 SCR 779 inter alia, the following principles :

In that case it was, held that the imputation in an article of impropriety, lack of integrity and oblique motives to a Judge of the High Court in the matter of deciding a suit constituted contempt of Court.

9. The question whether an action can be taken under Section 3 of the Act if in a transfer application allegations are made against a judge which are of such nature as to constitute contempt off his Court does not appear to be res integra. In State of Madhya Pradesh v. Revashankar, 1959 SCR 1367 aspersions of a serious nature had been made against a magistrate in a transfer petition. One of such aspersions was that the Magistrate in whose Court the proceedings were pending was a party to a conspiracy with certain others the object of which was to implicate the complainant in a false case of theft and that a lawyer appearing for the accused persons in whose favour the Magistrate was inclined, had declared that he had paid a sum of Rupees 500/- to the Magistrate. It was also asserted that the applicant we sure that he would not get impartial and legal justice from the Magistrate. It was held that the aspersions taken at their face value amounted to what is called 'scandalizing the Court' itself and the attack on the Magistrate tended to create distrust in the popular mind and impair the confidence of the people in the Courts. This decision is quite apposite for the purposes of the present case. It decided that allegations made even in a transfer application casting aspersions on a judicial officer can constitute contempt of his Court whith in Section 3 of the Act. It is difficult to comprehend that the mear statement that Magistrate is friendly with a party who happens to be an advocate and enjoys his hospitality or has friendly relations with him will constitute contempt unless there is an imputation of some improper motives as would amount to scandalising the Court itself and as would have a tendency to create distrust in the popular mind and impair the confidence of the people in the Courts. The allegations contained in para 1 of the transfer application may or may not amount to defamation of the two judges, namely, Sarvashri Sayyid and Baadkar but to constitute contempt the other tests which have been discussed above must be fufilled. As noticed before the High Court confined the action, which was to be taken, only to the matter stated in Paragraph 1 and did not choose or decide to include or consider Paragraphs 2 and 3 either in the show cause notice or in the Judgment the following part of which may be reproduced:-

10. It is true that a party cannot make such allegations even in a transfer application which may fall within the rule laid down in Revashankar's case, or in the Perspective Publications' case, and which may amount to scandalising the Court in the sense pointed out in these decisions. In the State v. The Editors and Publishers of Eastern Times an Prajatantra, AIR 1952 Orissa 318, Jagannadhadas, C. J. (as he then was) delivering the judgement of the Division Bench, after an exhaustive examination of the decided cases where the jurisdiction of the Court for this class of contempt had in fact been exercised observed:-

There are not many decisions in which punishment has been inflicted for committing contempt of Court by making scurrilous allegations in an application for transfer of a case from one Court to another. Mention may, however, be made of one of such cases: Swarnamayi Panigrahi v. B. Nayak, AIR 1959 Orissa 89. There, during the pendency of certain rent suits filed before the Rent Suit Collector by the landlord, who was the wife of the Chief Justice of the Orissa High Court, the tenant filed certain transfer applications before the Additional District Collector making statements like these.

It was observed that though some latitude has to be given in a transfer application but the question was whether or not the applicant in that case had exceeded the limits permissible under the law. As a rule applications for transfer were not made merely because the trying Judge was alleged to be incompetent but there may be circumstances beyond the Judge's control such as the acquaintance with one of the parties or personal interest in the subject matter of the proceedings which in law would be considered as preventing him from giving an unbiased decision. It was held that the applicant had exceeded the limits and had gone out of his way not only to malign the personal integrity and judicial honesty of the lower Court but had also directly attacked the whole administration of justice headed by the Chief Justice of the state. It is noteworthy that on an allegation made in a transfer application the Judge against whom the allegation is made is often afforded an opportunity of giving explanation by the higher Court and he can dispel any cloud that might have been cast on his fairness and integrity. The higher Court takes action for transfer after full consideration of all the circumstances of the case including the report of the Judge against whom the allegations are made. In this way it can well be said that cases in which applications for transfer are made stand on a slightly different footing from those where a party makes an allegation, either inside or outside the Court of a scandalising nature imputing improper motives to the Judge trying the case. The Allahabad High Court in Emperor v. Murildhar, ILR 38 Allahabad 284 was of the view that where an accused person in an application for transfer of a case made an assertion that the persons who had caused the proceedings to be instituted were on terms of intimacy with the officer trying the case and, therefore, he did not expect a fair and impartial trial was not guilty of offence under Section 228 Indian Penal Code, there being no intention on the part of the applicant to insult the court, his object being merely to procure a transfer of his case.

11. It is true that in the garb of a transfer application a person cannot be allowed to commit contempt of Court by making allegations of a serious and scurrilous nature sandalising the Court and imputing improper motives to the Judge trying the case. But then the nature of the allegations will have to be closely examined and so long as they do not satisfy the requirements of what may be regarded as contempt of Court no punishment can possibly be inflicted. The appellant, in the present case, is an advocate and it is most unfortunate that though at the stage of the transfer application he made certain allegations in Para 1 about the social intimacy between Jagiasi and Sarvashri Sayyid and Baadkar, the two judicial Officers, with the apparent object of securing a transfer of the case he proceeded to take the highly ill-advised step of attempting to substantiate the allegations so made. We are, however, not concerned with any charge relating to the matters subsequent to the notice which was issued by the High Court with regard to the allegations for which punishment has been imposed on the appellant. That notice on the face of it discloses no such allegation which could be regarded as falling within the rule laid down by this Court and by a series of decisions of the Privy Council in which this head of contempt i.e. sandalising the Court has come up for examination. Most of those decisions have been referred to in the case of Perspective Publications (P) Ltd., (1969) 2 SCR 779. In addition we may mention Debi Prased Sharma v. Emperor, AIR 1943 Privy Council 202 in which in a newspaper report the Chief Justice of a High Court untruly alleged to have committed an ill - advised act in writing to his subordinate Judges asking them to collect subscriptions for the War Fund. According to their Lordships there was no criticism of any judicial act of the Chief Justice nor any imputation was made for anything done or omitted to be done by him in the administration of justice nor was there any criticism of him in his administrative capacity. In the opinion of their Lordships the proceedings in contempt were misconceived.

12. In our judgment the allegations contained in Para 1 of the transfer application were not such as would amount to contempt of Court. We cannot help observing that the appellant did not show the sense of responsibility in making the allegations in question which is expected from an advocate and in further attempting to substantiate them which he failed to do.

13. The appeal is allowed and the order passed by the High Court is herby set aside. Parties will bear their own in this Court.

Appeal allowed.