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TMI Blog1980 (12) TMI 204X X X X Extracts X X X X X X X X Extracts X X X X ..... and occupation. The 1st Additional Subordinate Judge, Vijayawada, heard the two suits together and by a common judgment, dated October 31, 1974, dismissed the appellant's suit and decreed the suit of the then 1st defendant against him with costs. The decree-holder filed petition for execution of his decree against the appellant. The latter filed an application for stay of the execution. 3. When the execution and the appellant's application for stay were pending, the appellant on December 25, 1974 issued notice to the Additional Subordinate Judge, who had decided the suits against him. In that notice which is a lengthy document, he inter alia made these allegations against the Judge : 3. In the said judgment (O.S. Nos. 101/73 and 275/72) your honour created new facts by making third version without evidence as detailed below among others. 4. Your honour has intentionally, with bad faith and maliciously, disordered the existing oral and documentary evidence with a view to help the plaintiff in O.S. 275/72 causing damage and injury to me. 5. Your honour has maintained different standards in the same judgment with regard to Exs. B. 9, B. 10, B. 13 and A. 15 to A. 19 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f his judicial duties;" that it was also an attempt to frighten the judicial officer by threatening to file suit for damages for Rs. 30,000/- and to undermine his self-confidence in dealing with causes that might come up before him for trial in future. The High Court concluded that what the appellant has stated in the notice in question, is clearly and squarely "criminal contempt" as defined by Section 2(c) of the Act. It negatived the defence raised by the appellant and convicted him as aforesaid. 7. Before us, the appellant has argued his case in person. He has also submitted written arguments which he has orally elaborated and supplemented. As before the High Court, here also the appellant intransigently maintains that there is nothing scandalous in the contents of the notice. In the written arguments he reiterates the imputation that the Subordinate Judge had deliberately delivered "a dishonest Judgment" against him and the Judge was "guilty of serious misbehavior in the performance of his duties;" that the allegations of "bad faith" "malice" etc. in the notice were facts constituting the cause of action, which were essent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave jurisdiction to do or order the same. The expression "jurisdiction" in this Section has not been used in the limited sense of the term, as connoting the "power" to do or order to do the particular act complained of, but is used in a wide sense as meaning "generally the authority of the Judicial Officer to act in the matters". Therefore, if the judicial officer had the general authority to enter upon the enquiry into the cause, action, petition or other proceeding in the course of which the impugned act was done or ordered by him in his judicial capacity, the act, even if erroneous, will still be within his 'jurisdiction', and the mere fact that it was erroneous will not put it beyond his "jurisdiction". Error in the exercise of jurisdiction is not to be confused with lack of jurisdiction in entertaining the cause or proceeding. It follows that if the judicial officer is found to have been acting in the discharge of his judicial duties, then, in order to exclude him from the protection of this statute, the complainant has to establish that (1) the judicial officer complained against was acting without any jurisdiction whatsoever, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h, the due course of any judicial proceeding. (iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner; 13. It is noteworthy, that in the categorisation of contempt in the three Sub-clauses (i) to (iii), only category (ii) refers to "judicial proceeding". Scandalizing of Court in its administrative capacity will also be covered by Sub-clauses (i) and (iii). The phrase "administration of justice" in Sub-clause (iii) is far wider in scope than "course of any judicial proceeding". The last words "in any other manner" of Sub-clause (iii) further extend its ambit and give it a residuary character. Although Sub-clauses (i) to (iii) describe three distinct species of 'criminal contempt', they are not always mutually exclusive. Interference or tendency to interfere with any judicial proceeding or administration of justice is a common element of Sub-clauses (ii) and (iii). This element is not required to be established for a criminal contempt of the kind falling under Sub-clause (i). 14. The next contention of the appellant is that his act in question falls within th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iii) has been substituted in Section 3(1) by the narrower phrase "the course of justice in connection with any civil or criminal proceeding pending at the time of publication". But there are no words in Section 3 which may be referable to that species of "criminal contempt" which would fall within Sub-clause (i) of the definition given in Section 2(c). Sub-section (2) of Section 3 expressly confines its operation to those categories of contempt which are referred to in Sub-section (1). Section 3(2) therefore, is not applicable to that category of contempt which Tails under Sub-clause (i) of Section 2(c), or which is otherwise of a kind different from those mentioned in Section 3(1). 16. In the instant case, the contempt committed, though not in connection with any pending proceeding, primarily and squarely falls under Sub-clause (i) though the aforesaid residuary phrase in Sub-clause (iii) may also be attracted. Unfounded imputation of mala fides, bias, prejudice or ridiculing the performance of a Judge or casting aspersions on his integrity as has been done by the appellant in the notice in question-are always considered to mean scandalising the Court, and low ..... X X X X Extracts X X X X X X X X Extracts X X X X
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