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1992 (11) TMI 286 - SC - Indian Laws

Issues Involved:
1. Permissiveness of the judicial system and abuse of court process.
2. Reduction in rank and subsequent dismissal from service.
3. Conviction for criminal offense and its impact on employment.
4. Repeated filing of petitions on the same issue.
5. Use of intemperate and abusive language against the court and its judges.
6. Initiation of contempt proceedings.

Detailed Analysis:

1. Permissiveness of the Judicial System and Abuse of Court Process
The judgment highlights the permissiveness of the judicial system that allowed the contemnor to file numerous petitions claiming the same relief arising out of the same cause of action. This permissiveness, coupled with the indulgence and sympathy shown by the Court, emboldened the contemnor to cast unfounded and unwarranted aspersions and make scurrilous and indecent attacks against the Court and its judges.

2. Reduction in Rank and Subsequent Dismissal from Service
The contemnor was initially appointed as a Draftsman Grade II and later reduced to Draftsman Grade III. He challenged this reduction in rank through various legal avenues, including a writ petition in the Delhi High Court, a Letters Patent Appeal, and a Special Leave Petition, all of which were dismissed. Despite these dismissals, the contemnor continued to file petitions challenging his reduction in rank and subsequent dismissal from service.

3. Conviction for Criminal Offense and Its Impact on Employment
The contemnor was convicted for attempting to commit murder by shooting at his wife, a conviction confirmed by the High Court and upheld by the Supreme Court. Following his conviction, he was dismissed from service. The contemnor argued that observations made by the Court during the dismissal of his special leave petition in the criminal case absolved him of moral turpitude, but this argument was rejected by the Bench.

4. Repeated Filing of Petitions on the Same Issue
Despite multiple dismissals of his petitions, the contemnor continued to file writ petitions raising identical points and seeking similar reliefs. This repeated filing was seen as an abuse of the court process. The Bench noted that the contemnor's claims had been finally disposed of by the judgment dated 20th November 1986, and any fresh proceedings were not maintainable.

5. Use of Intemperate and Abusive Language Against the Court and Its Judges
The contemnor used intemperate and abusive language against the Court and its judges in his petitions and a representation addressed to the President of India. The language used was seen as scandalising the Court and interfering with the administration of justice. The contemnor's remarks were disparaging and derogatory, aimed at undermining the authority of the Court and creating distrust in the public mind.

6. Initiation of Contempt Proceedings
The Court initiated contempt proceedings against the contemnor after reviewing the offensive language used in his petitions and representation. Despite being given opportunities to express regret and withdraw his statements, the contemnor remained defiant and argumentative. His conduct, including the circulation of a "note for directions," further aggravated his offense. The Court found that the contemnor's actions constituted gross criminal contempt and sentenced him to simple imprisonment for four months and a fine of Rs. 1000, with an additional 15 days of imprisonment in case of default in payment of the fine.

Conclusion
The judgment underscores the importance of maintaining the dignity and authority of the judicial system. It highlights the consequences of abusing the court process and using intemperate language against the judiciary. The contemnor's persistent and defiant behavior, despite multiple opportunities to express regret, led to a severe penalty to serve as a deterrent for similar actions in the future.

 

 

 

 

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