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TMI Blog1964 (9) TMI 71X X X X Extracts X X X X X X X X Extracts X X X X ..... , before him the whom the prosecution was launched, issued process only against the plaintiff the took out a notice for motion in the suit for possession asking the for temporary injection restraining the defendants from proceedings with the prosecution launched by him under of section 24 of the Rent Control Act. The mother of the plaintiff who held and affidavit in support of notice of Motion. The notice camp up for hearing on 4th March 1963, and it is in the course of the arguments on the Notice of motion and incident from which this proceedings has arisen took place. Before dealing with the happening of 4th March 1963 in the court in Judge Vimadala it is necessary to set out a few more facts. (2) On 10th January 1963 the defendants launched a prosecution against advocate punwani for determination. This complaint arose in the following circumstances the defendants had started a criminal case (No 588/S of 1962) on 23rd October 1962 against the member of the managing committee of Bela Housing society for defamation. It may be mentioned that the flat in possession in the suit in the city civil courts was which belonged to Bela co = operative Housing, society. In criminal case No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... three months, as recorded in the judgment dated 3rd October 1952 of he 8th Court, Explanade, Bombay. He has filed many cases against the owners of the Guest Houses or Hotels where he was used to residebefore shifting to the suit premises. .. ..... .... ..... The apparent object of advocate Punwani in referring to the contents of paragraphs (6) of the said affidavit wasto show that the defedants was in th habit of the launching upon vexatous by thehim under S 24 of the Rent control act against the plaintiff stood in the same category. It may be recalled that by notice of Motion, the plaintiff had asked for atemporary injunction restraining the defendants from proceedings with the criminal complaint lodged by him under section 24 ofthe Rent Control act. The learned City Civil judge asked the defendants asto whether he had to say anythings with regard to the allegations contained in the pargaraph (6) of the affidavit. The defenants stated that he would be see to its that the plaintiff advocate, Mr. Punwani would go to jail, that two criminal case had already been filed by the defenands himself against the plaintiff advocate the said Mr. Punwani and that he was would give tow more ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t control Act pending the hearing of the appeal. The High Court however of the appeal. The High Court however refused to pass any stay order in respect of the prosecution already lauanched bythe defendans on 3rf April 1963 and suggested that the plaintiff may approach the Magistate for the such relief on 9th May 1963 the defendants astrated another prosection for defamation against the plaintiff mother and advocate punwani in regard to the contends of paragraphs (6) of the affidavit put in by by plaintiff mother in support of the Notice of Motion. (5)The defendant has appeared in answer to the notice and put in his affidavit showing cause as to why he should not be punished for contempt of court. He has given in his own version as to what transpired on 4th March 1963 and denied some of the statements attributed to him by judge Vimadalal in his report . The defendant has complained that Judge Vimadalal did not allow him to read his affidavit. At paragraph (8) of the affidavit the defendant has set out a lenghthy conversation which according to him took place between him and Judge Vimadalal . He has suggested that only after the Judge asked him as to what was his occupation that h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he is guilty of contempt of court , and I request the court will be pleased to take action against him' I thereupon continued, if the certificate granted to the society is cancelled , this advocate stands to lose his job. he therefore bears me great malice and everywhere he goes, he makes defamatory statements about me. Already I have filed a complaint of defamation against him which is case No. 101/S of 1963 in the 28th Presidency Magistrate Court. Also he is an accused in another criminal case in his capacity of an employee of the said Housing Society. And in a day or two, I'd intend to file two more criminal cases in which this advocate will be one of the acute for his wrong doing. I'd have also made and application to the bar council for suspending him on account of this professional misconduct on five counts, 1 being that he has been an employee of the Housing Society for more than two years and do president of the bar council informed me tax my application would be kept pending and action will be taken when the chapter V of the advocates Act ounce into force. I'm hoping that there would be a conviction in each of the 4 cases in which he well appeared as an ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Bombay City Civil Court bears a semblance of correctness? (B) Whether the alleged vague statement amount to contempt? (c) Whether it the statement amount to contempt they fall within the mischief of s. 228, Indian penal Code and the jurisdiction of this court is excluded by section 3 [2] of the contempt of courts act? (d) Whether section 3 [1] of the contempt of courts as offense article 14 of the Constitution and is invalid. The defendant, who has himself argued his case in detail has battered his arguments on the basis of the 4 proposition formulated by him in his affidavit, dated 22nd June 1964. (8) The defendant has strenuously contended that the version set out by Judge Vimadalal as to work transpired on 4 March 1963 is not correct. He has argued that there is intrinsic evidence in the rapport to show that some of the statement attributed to him or not possibly be true. In that connection, he pointed out that he is a man of good education; that he knows English very well and that he has also considerable experience about the working off courts. In these circumstances, it is unimaginable that he word make a statement to the effect that he would see to it t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on in this affidavit. Therefore, whether the version set out by Judge Vimadalal is accepted as through in its entirety and we see no reason as to why should not accept the same-or not , on his own admission contains in the affidavit, it is quite clear that the defendant did say in the goes of him his arguments in respect of the notice of motion that he had already launched a criminal case for defamation against advocate Punwani in respect of the statement may buy the advocate to the effect that the defendant is a notorious litigation monger and that he has been convicted four times. On his own admission, the defendant also gave a threat that he intended to file two more criminal cases for what he calls the advocate wrong doing. Of course, in this affidavit, he does not admit that he told the Court that he would launch a prosecution for defamation against advocate Punwani for the defamatory words uttered by him on 4th March 1963. At the same time taking the context into account it is clear what the defendant hinted was that he would launch such a prosecution and that too in respect of the statement made by the advocate in the course of the arguments . according to the defendant the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the plaintiff to withdraw the suit . Nor do we think that the reference made by the Advocate Punwani in regard to the previous convictions of the defendant was beside the point . In the first place , these statements were based on the contents of the affidavit sworn to by the attorney of the plaintiff . In the second place , Mr. Punwani says that not only he was instructed by his client but that he tried to ascertain the truth of these statements and that he was supplied with a copy of the judgment in criminal case No. 135/P of 1951 , which was pronounced on 3rd October 1952. that was a prosecution under section 323 Indian Penal Code against the defendant initiated by the colaba police station of in which the defendant was sentenced to undergo three months rigorous imprisonment and to pay a fine of ₹ 150 or in default to undergo further 3 months rigorous imprisonment. The defendant admitted in the above case that he had three previous convictions to his credit. In view of these circumstances of advocates punwani was fully justified as enjoyed a privilege in making the statement, which he had made in the course of his argument. It is significant to note that in his affidavit t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imaging. We have preferred to the multiplicity of the proceedings, which the defendant had started against advocate punwani. we have to see in perspective as to whether the object of the defendant in launching these cases was to deter advocate punwani from appearing on behalf of the plaintiff in the said suit or if atleast preventing him from deciding his duties fearlessly and impartially towards his client. The answer to this question will depend upon the answer to another question namely whether the statement attribute to the defendant by Judge Vimadalal amount to threat of at any rate, amount to a course of conduct motivated with the object of frightening the advocate from discharging is duties towards his client. One of the argument advanced by the defendant of that, assuming that all the statements attributed to them are true, still they do not amount to any kind of threat. (11) We will first consider the effect, in law of the words occurred to the defendant. In the present case, the defendant has not been accused of having committed any act of content, disregard or defiance or disobedience to the judge. He has been accused of having made statement in respect of an advocate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, the witnesses and the ministerial or menial staff of the Court. All these persons and well be described as the limbs of the judicial proceedings. For proper administration of justice, it is essential that all these persons are in the performance of their respective duties, ensure such fulfillment of freedom as is fair and legitimate. Anything that tends to curtail or impair the freedom of the limbs of the judicial proceedings must of necessity result in hampering the view administration of Law and a interfering with the course of justice. It must therefore be held to constitute contempt of Court. The view taken by Nagpur High Court has been endorsed by the Allahabad, Madras and Lahore High courts, in Rajendrasingh v. Uma Prasad during the pendency of the suit a notice was sent on behalf of the plaintiff through his advocate to the defendant, threatening him that unless he withdrew the plea and paid a sum as damages he would be criminally prosecuted for defamation of the plaintiff deceased father. Proceedings for contempt where taken out on this notice. It was held: interference with the administration of justice is one of the well recognized hence of contempt of Court. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the Court, or are calculated to prejudice the pools of justice, will constitute contempt. Offenses of this nature are of three kinds namely, those which [1] scandalize the Court, or [2] abused the parties concerned in causes there or [3] prejudices mankind against persons before the cause is her. Under the first head fall libels all the integrity of the Court, its judges, officers or proceedings; under the second and third heads anything which ends to excite prejudice against the parties or their litigation, while it is pending. for example, attacks on or abuse calls a party, not amounting to an interference with the course of justice, does not amount to contempt the party being left to his remedy by action . In [1824] 1 Hog 134 an insult was given to a counsel wide he was attending in the masters office, which was situated within the precincts of the Court. It was held : (p.623) advocates who appeared for the parties being officers of Court, any abuse or insult or aspirations cast on them, which would interfere with the course of administration of justice must necessarily be held to amount to contempt of Court. Reference was made by the Madras High Court to the Nagpur c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r doing something or missing from doing something need be express or need be expressly stated. It is enough if from the context the lane between the two is apparent. In the present case, it is necessary to North that the threat or issued in the presence of the Court and in the Court of the arguments before the judge. It is quite geared that the object of the defendant walk to bring undue pressure upon the advocates not to perform his duties in a fearless and proper manner. As he had already mentioned, the defendant had started a prosecution for defamation against advocate punwani on account of similar statement made by him in the course of his argument in criminal case No.588/S of 1962. he also expressly stated that he would start two or prosecution against the advocate an actually he did start a prosecution on the 9th May 1963 in connection with the arguments advanced by Mr. punwani on 4th March 1963. The applicant conduct of the defendant in so far as it relates to the prosecution having been started against advocate punwani is concerned, would, in our view, be relevant, and taking an overall view of the matter and having regard to the encounter conduct of the defendant and furth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry, even for the decision of the case and therefore, will have to be treated as obiter dicta. The facts of the present case are particularly strong, as we have repeatedly pointed out, because unlike in most of the cases referred to above wherein the threats where given outside the Court in the present case, the threat more given in the presence of the Court and in the course of the hearing of the case and one prosecution for defamation was launched before the threat more administered and attain a second prosecution for defamation against the advocates punwani, for the argument advanced by him in the present case, was actually started by the defendant and in that way the threat was carried out. (15) It may be pointed out that just as the statement made by advocate punwani namely that the defendant was an ex-convict, was supported by the judgment, a certified copy of which was with him, in the same way, his statement that the defendant was a notorious litigants was also supported from the observation may by Stone C. J in Emperor v. JehangirM.jassawala, Bom Bom LR 393 : (AIR 1948 Bom 6) . it is nor necessary to refer to the facts of that case and it is enough to point out that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat would be the effect of these proceedings on the suit which was tending in the Court of the senior subordinate judge, amritsar? from the practical point of view the institution of the proceeding at a time when the suit in the Court of the senior subordinate judge, amritsar, was pending could only be to put pressure on the respondent to withdraw his suit or face the consequences of disciplinary action. His in our opinion undoubtedly amounted to contend of Court. There are meeting way of obstructing the Court and any conduct by which the course of justice is perverted either by a party or a standard is a contempt, either by a party or thus the use of threats by letter or advise, to a party while his suit is pending; or appearing a party in letters to persons likely to be witnesses in the cause had been held to be contempt. The question is not whether the action in fact interfered, but whether it had a tendency to integer with the view course of justice. The action taken in his case against the respondent by way of a proceeding against him can in our opinion have only one tendency namely the tendency to coerce the respondent and force him to withdrawal his suit or otherwise not pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 months of with fine which may extend to 1000 Rs of with both . The offense under section 228 Indian penal Code can arise only in the case of a public servant while he is sitting in a judicial proceeding. In the present case the threat has not been addressed to the judge but it has been addressed to the advocate. Although the advocate is a part of the missionary of the administration of justice he is not a public servant within the meaning of that expression in section 228. Indian penal Code. It is on this shout ground that the argument advanced by the defendant and be disposed of. But the matter thus not rest dead. In order that the proceedings are barred under section 3 [2] of the contempt of Courts act, it is further necessary to establish that the offense committed by the contemner in the present of the Court is such an be punished as contempt. It is not enough that the offense is punishable under any other law. This position is clear from the wording of section 3 [2] of the contempt of Court Act. There is also ample apology in support of the said propositions vide B. Ramakrishna v .State of Madras and State of Madhya Pradesh v. Revashankar . as against this defendant relied u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eys was fined for his contempt of Court . The learned Assistant Government pleader also drew our attention to a recent case, therein the defendant was charged with the same offense by his Court. That was in Misc Civil appl No,188 of 1960 ( Bom) that matter came out before the Chief Justice and one of us namely Tambe J on 9th January 1961. The defendant having tendered an unconditional apology the proceedings where dropped. It therefore appears that the defendant has been in the Harvard of making reckless allegations against the Court of the officers of the Court. Ordinary we would have awarded a sentence midst would have deterred him from taking similar action in future. Then we art the defendant as to what he has to say about the punishment he stated that the matter is left in our hands. In the course of his argument the defendant told us that he was suffering from low blood pressure and he found it difficult to argue the matter beyond the first part of the day on the 14th. He therefore requested that the matter should be adjudged to the next day. The defendant also appears to be an old man. In view of his age and the condition of his health we feel averse to sending him to jail. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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