2011 (5) TMI 1154 - SC - Indian Laws

Summary

Issues Involved:
1. Contempt of Court by the Petitioner NGO and its officials.
2. Abuse of the process of law by filing petitions under the guise of public interest.
3. Making irresponsible remarks against the Gujarat High Court.
4. Filing petitions with ulterior motives to cause industrial imbalance.

Summary:

1. Contempt of Court by the Petitioner NGO and its officials:
The Court issued a show-cause notice to the Petitioner NGO and its Secretary, Shri B.K. Sharma, for contemptuous behavior. Despite an unconditional apology and withdrawal of allegations, the Court questioned the bona fides of the apology, emphasizing that an apology in contempt actions must be bona fide and demonstrate actual repentance. The Court cited precedents to highlight that contemptuous acts causing serious damage to the justice administration system are unforgivable and must be addressed to maintain the dignity of the Court.

2. Abuse of the process of law by filing petitions under the guise of public interest:
The Court found that Shri B.K. Sharma abused the process of law by filing petitions against a business rival under the guise of public interest. The petitions aimed to create impediments in the establishment and operation of asbestos-related industrial units, despite these units operating lawfully. The Court noted that such actions were intended to settle business rivalries rather than genuine public interest concerns.

3. Making irresponsible remarks against the Gujarat High Court:
Shri B.K. Sharma made irresponsible remarks against the Gujarat High Court, stating that it "failed to apply its mind" in a judgment that had attained finality. The Court found this behavior contemptuous and noted that such remarks were made without justifiable cause, further undermining the dignity of the judicial system.

4. Filing petitions with ulterior motives to cause industrial imbalance:
The Court observed that the petitions filed by Shri B.K. Sharma were intended to secure a ban on asbestos activities to increase the demand for cast and ductile iron products, benefiting a rival industrial group. This ulterior motive was evident from the repeated filing of petitions and incorrect affidavits, which aimed to cause industrial imbalance and financial loss to the asbestos industry.

Conclusion:
The Court held that the contemners' actions undermined the dignity of the justice delivery system and prejudicially affected the rights of third parties. The Court sentenced Shri B.K. Sharma to simple imprisonment till the rising of the Court, imposed a fine of Rs. 2,000/- and a cost of Rs. 1,00,000/- to be paid to the S.C. Legal Services Committee. Additionally, the Registrar of Societies, Government of NCT of Delhi, was directed to take action against the contemner-society, Kalyaneshwari, and submit a report within six weeks.