Major R. S. Murgai(Retd.) v. Major P. N. Kaushik (Retd.) & Ors.

Judgment

CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 427 of 1978. From the Judgment and Order dated 17-10-1978 of the Delhi High Court in Criminal Contempt Petition No. 7 /78. Appellant in person. K. N. Bhat for Respondent No. 1 R. P. Bhatt, R. B. Datar and Girish Chandra for Respondent 2. P. G. Gokhale, B. R. Aggarwal, Jenendra'Lal and M. S. Diwan for Respondent No. 3. 'The Judgment of the Court was delivered by F AZAL ALI, J. 'This is an appeal against an order passed by the Delhi High Court refusing to initiate contempt proceedings against the respondents. It appears that a contempt matter was pending before a Single Judge, Delhi High Court which was heard at length and the judgment was reserved on the 9th December, 1977. The judgment was actually deliwred on 28-4-1978 and in between these two dates certain written submissions were made by the respondents to the Court which the appellant describes in his petition as private communications r R. s. :M:tlRGAI v. p, N. KAUSHIK (Fazal Ali, J.) to the Company Judge.

The respondent P. N. Kaushik in para 36 of the counter-affidavit has made a specific allegation, that at the time <Jf reserving the judgment the Company Judge had directed the parties to submit their written submissions regarding the points at issue before the judgment is deHvered. The submissions in question were submitted on various dates i.e. 12-12-77 by Major Kaushik, 23-1-78 and 15-2-78 by the Director-G1meral of Resettlement. As these submissions were 'made in pursuance. of the order of the Court, they cannot be held to be private communications to the Company Judge in order to decide the case. As these docnments were filed before the Court under the directions of the Court itself, it cannot be said by an stretch of imagi- . nation that these documents prejudiced, interfered or tended to interfere with the due course of justice within the meaning of Section 2(c)

(ii) and therefore, would not constitute criminal contempt within the meaning of section 2 ( c) of the Contempt of Court Act. These submissions .form part of the record and, therefore, there is no ·question of their being regarded rui private communications from a litigant to a Judge. On the• contrary, the Director-General of Resettlement was appointed as the administrator by the Court itself and being an officer of the court, he was at liberty to make submissions to the court in respect c.f the case in question. The High. Court therefore was fully justified :in declining to issue any notice for contempt against the respondents on the submis~ions filed by .the appellant. We would :refrain from making any comment regarding the .merits of the appeal which the appellant has filed before the Division Bench against the order of the Comfany Judge dated 28th April, 1978, which we understand is pending hearing before the Division Bench.

The appeal 'filed by the appellant in this Court is totally misconceived and is rejected. In the circumsl ances of this case, we make no order as to costs. P.B.R. Appeal dismissed.