LexIN RE: BALWAN SINGH versus NO RESPONDENT
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
-- IN RE : BALWAN SINGH A NOVEMBER 22, 1996 (S.C. AGRAWAL AND G.T. NANAVATI, JJ.] B Contempt of Courts Act, 1971 : Writ Petition pending in Supreme Court-Petitioner threatened by Sar- panch of the village to desist from prosecuting the writ petitiolt-Held, it amounts to interference with the proceedings of the Court-Hence guilty of c Contempt-Fine imposed. The present contempt proceedings have been initiated against the contemner for his interference with the proceedings of this Court. A writ petition was filed by one 'B' before this Court alleging that her two minor daughters were kidnapped. The said writ petition was supported by Mahila D Dakshta Samiti, a voluntary organisation. An application was filed in the writ petition alleging that the Secretary of the Samiti had been threatened by one 'A! and the contemner, who was the Sarpanch of the village. This Court directed the Deputy Commissioner of Police Qf the area to conduct investigation into the matter and submit a report. On submission of E report, the Court after satisfying prima-facie that the contemner having committed criminal contempt in interfering with the proceedings before , this Court, directed the issuance of notices to the contemner, resulting in the present suo motu contempt petition. Allowing the contempt petition, this Court F HELD : 1. By uttering the threatening words complained of, the contemner, who happened to be the sarpanch of village, tried to nse his influence as sarpanch to brow beat the members of the Samiti as well as the petitioners in the writ petition to desist from prosecuting the writ G petition and seeking directions in the writ petition regarding sale of land. - He thereby sought tc interfere in a proceeding pending before this Court. The conduct of the contemner constitutes criminal contempt of court. In view of the above circumstances, the apology tendered by the contemner cannot be accepted. The contemner is held guilty of having committed criminal contempt of court. [129-A-B; 130-A-B] H 125 • 126 SUPREME COURT REPORTS [1996] SUPP. 9 S.C.R. A 2. The contemner is sentenced to pay a fine of Rs. 1000 which amount B c D shall be deposited in the Court within one month. On failure to deposit the amount of fine he shall undergo simple imprisonment for a period of fifteen days. [130-B] CRIMINAL ORIGINAL JURISDICTION : Suo Motzt Contempt Petition No. 314 of 1996. IN Writ Petition (Cr!.) NO. 296 of 1993. (Under Article 32 of the Constitution of India.) Hardev Singh, Gian Singh and S.C. Patel for the Contemnors. N.S. Bisht, (NP) for the Respondent. Prem Malhotra for State. The Judgment of the Court was jelivered by S.C. AGRAWAL, J. These contempt proceedings have been initiated E against Balwan Singh (hereinafter referred to as "the Contemner") on the basis of notice dated August 3, 1996 issued in pursuance of the direction contained in the order dated July 12, 1996 passed by the Court in Writ Petition (Criminal) No. 296of1993. The facts, briefly stated, are as follows. Jugti Ram and Bhura Ram are brothers. They were having 300 bhigas F land in their Joint khata in village Farmana in District Rohtak in the State of Haryana. 150 bhigas of the said land belonged to Jugti Ram. Jugti Ram has eight daughters, three from his first wife Smt. Sarti and five daughters from his second wife, Smt. Birmati, the petitioner in the aforementioned Writ Petition. The Contemner is the son of Bhura Ram and was the Sarpanch of village Farmana. The Writ Petition was filed by Smt. Birmati G in this Court with the allegation that one Shamsher Singh had kidnapped her two minor daughters, Geeta and Seema, and was. keeping them in illegal confinement. On the basis of orders passed by this Court the said two daughters of Smt. Birmati were recovered by the police. In the writ petition Smt. Birmati was being supported by Mahila Dakshita Samiti (for H short "the Sarniti"), a voluntary Organisation. An application for directions > INRE: BALWANSINGH[S.C.AGRAWAL,J.] 127 ~ (Cr. M.P. No. 240 of 1994) was filed in the Writ Petition wherein it was A ~ stated that Mrs. Vinay Bhardwaj, Secretary of the Samiti, had been threatened by Shri Anand Singh Dangi and the Contemner and it was prayed that appropriate action be taken against them for their blatant attempts to interfere with the administration of justice. The said applica- tion was accompanied by the affidavit of Smt. Bhardwaj dated J
Excerpt shown. Read the full judgment & AI analysis in Lexace.