JUDGES FACING CORRUPTION ALLEGATION CANNOT USE CONTEMPT POWER AGAINST COMPLIANANT
Thane: Mr Manubhai Patel filed civil suit for recovery of money of about Rs 2 Cr. before Thane District Court. As per Mr Patel Thane Judge Shri SB Patil was delaying matter since last one year . Senior Citizen Petitioner was harassed by judge for recovery of money suit and by many adjournments since last one year . One day he questioned judge that what is your rate list for different case? How much money you have to pay for justice? By hearing such remark from petitioner the judge issued contempt notice to 70 years age petitioner . The Petitioner replied the notice and the reference report sent to Bombay High Court for punishment. The Bombay High Court Judges rejected this reference as charges related to personal allegation.
" According to us, the plaintiff has made personal allegations against the judicial officer due to the time consumed in the litigation and we find that though the judicial officer might be justified in adjourning the matter, however it seems that the litigant got disturbed due to the delay and the time consumed in the litigation, and hence he made personal allegations against the referral Judge, of seeking illegal gratification for hearing the matter.
10. Considering that these are the personal remarks made against the concerned Judge and it do not amount to ‘causing interference’, in the administration of justice or lowering the authority of the Court and it does not attract Section 15(2) of the Contempt of the Courts Act. We find no case being made out for Reference."
Many judges suppress facts in order , not giving opportunity of hearing and passing adverse judgment against superior court orders. If petitioner or respondent point out that it is your mistake then they say to go for appeal to add fact or rectify order as per SC ruling. It is judicial corruption. Few judges have no fear of the apex court and misusing contempt power to punish citizens. Citizens can also move ACB with section 13 (1) d of criminal misconduct under prevention of corruption act 1988. Judges can not give excuse that the order was passed by mistake. If corrupt people are not getting advantage then Why they are passing defective order to favor another party against rule of law? Many judges are very honest and work as per law without any fear. At Thane court many litigants are complaining of judicial misconduct but no body challenged such corruption like Mr Patel. This order of Bombay high court will help citizens who are facing judicial corruption.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE
JURISDICTION
CRIMINAL
REFERENCE. 5 OF 2024
Mr. S. B. Patil,
7th Joint
Civil Judge Senior
Division And Additional Chief Judicial Magistrate,
Thane. .. Petitioner
Versus
Mr. Manubhai Hargovandas Patel,
Age : 67 Years, Occu.: Business/Contractor, R/at : 2201, Kingston Palace,
Chincholi
Bunder Road, Malad (W), Mumbai 400064. .. Respondent
…
Ms. M. M. Deshmukh, A.P.P.,
for the State/Petitioner.
...
CORAM : BHARATI DANGRE
&
MANJUSHA DESHPANDE, JJ. DATED : 3rd SEPTEMBER, 2024
JUDGMENT
(PER MANJUSHA DESHPANDE,
J.) :-
1.
The present
Reference is made by the 7th Joint Civil Judge
Senior Division And Additional Chief Judicial Magistrate, Thane, under Section 15(2) of
the Contempt of Courts Act, 1971.
2.
While making the said Reference, the referral
Judge has stated in his proposal
that, one Manubhai
Hargovandas Patel i.e. the Respondent herein, who was the sole plaintiff in Summary Civil Suit No.
366 of 2021, pending before the said Judicial
Officer, while conducting the proceedings
in-person, for recovery of money as per Order 37 of the Civil Procedure Code, had filed pursis at Exh-40 and written notes of arguments at Exh-41 and
prayed for issuance of ex-parte
Decree. However, the matter was adjourned to the next date for further argument. In the meanwhile, the matter was transferred to the Court of 4th
Civil Judge Senior Division, Thane, as per the Order of the learned
District Judge. Thereafter, there was a change in the assignment on 04.01.2024 and again the
said matter was returned to the earlier Court.
On 04.01.2024, while hearing of a time bound matter was going on, the party in-person
i.e. Manubhai Hargovandas Patel appeared and requested
for hearing of his matter, which was
not possible. Accordingly, he was informed and
the matter was adjourned to the next date. Since already hearing of a time bound matter was in progress,
yet considering the age of the
litigant and to avoid inconvenience, the litigant/plaintiff was called upon and was informed about
the next date in the matter. Upon which, the plaintiff has made oral allegations in the open Court that ^^rqEgkayk fdrh ykp n;k;ph**(HOW MUCH MONEY YOU WANT?) Considering the contemptuous statement made by the litigant/plaintiff, a show cause notice was issued to him by
passing an Order below
Exh-1, to which he has immediately filed reply at Exh-43.
3.
According to
the referral Judge, the plaintiff has filed one more Application at Exh.42 making scandalous remarks and wild allegations against the
referral Judge about the demand
of illegal gratification.
The
plaintiff has again filed an application at Exh- 45, under Section
479 of the Code of Criminal Procedure
(“Cr.P.C.”), contending that the Court has lost the jurisdiction, hence not to proceed in the matter. Therefore, the matter was adjourned
to 19.01.2024.
4.
Considering his contemptuous remarks
and the application filed by him, a show cause notice was issued to the plaintiff at Exh.47 on 19.01.2024,
calling upon him as to why Reference
under the Contempt of Courts Act should not be
forwarded to the Hon’ble High Court against
him. The plaintiff
has submitted his reply to the show cause notice
dated
19.01.2024, wherein he did
not tender any apology for his scandalous and derogatory remarks
but again made some more contemptuous statements.
5.
The concerned
Judge has gone through the record and according
to him, the plaintiff is in habit of making allegations
and complaint against presiding officers/Judges. Even his predecessor on 20.11.2021 has passed an order against the litigant and the matter was
kept for order on the point of
jurisdiction, the plaintiff has moved an application making allegations against the Court, so that the Court may not pass any order in the said matter.
According
to him, record reveals that the
plaintiff was prejudicing the trial by pressurizing the officers for passing
the order without going into the merits of the matter. If the Court refuses to pass the order on his mere asking, he is in a habit of making scandalous and wild allegations against the presiding officer.
The plaintiff is in habit of making allegations of ill-intention to get favorable
order by pressurizing the Court.
Despite
giving the show cause notice, the respondent
has neither tendered
any apology nor he has any repentance
over it. Due to his
derogatory statements he has undermined the
dignity of the Court and he has no respect for the Court of law.
Hence,
considering the behaviour of the plaintiff, he has lowered the image of the Court in the minds of Advocates, staff members and the litigants, therefore the referral Judge has requested to take
cognizance of the conduct of the plaintiff.
This being a prima-facie case of contempt
as defined under Section 2(1)
of the Contempt of Courts Act, the referral Judge has requested
to take cognizance of the contempt
under Section 15(3) of the Contempt of the Courts Act, against the contempnor.
6.
With the able
assistance of the learned A.P.P., we have
gone through the documents alongwith the proposal. It appears that on 19.01.2024, the referral Judge has issued show cause notice to the plaintiff. In response to which, he has replied
the notice referring
to the British Judge Lord Denning, which
is as under :
“2.1] British Judge Lord Denning
had observed in the matter of
Metropolitan Police Commissioner in 1969 that even though the
Court
has the jurisdiction for contempt, they shall never use it. The reason being that the judges, in contempt cases, do have a
certain amount of personal interest.
This is against the legal principal
that one cannot be a judge in their
own case. We do not fear criticism, nor do we resent
it.
2.2] “The contempt
jurisdiction is not intended
to uphold the personal dignity of the Judges.
Secondly, the Court will also have to consider the degree of harm caused as affecting administration of justice.”
7.
The plaintiff
in his reply has again repeated that though
he had requested the referral Judge to hear his matter, however the matter was adjourned
from time to time and therefore he has reached
a conclusion that the concerned
Judge is expecting illegal gratification.
Citing various
dates on which the matter was adjourned and also citing various judicial pronouncements, the plaintiff
has placed on record his response to the show cause notice. The said reply was not affirmed
since the Superintendent of the said Court declined
to affirm the verification
on account of the allegations made against the
referral Judge.
8.
We have given a
thoughtful consideration to the Reference made by the concerned Judge.
We have also perused
the show cause notice and the reply given by the plaintiff to the show cause notice.
9.
According to
us, the plaintiff has made personal allegations against
the judicial officer
due to the time consumed
in the litigation and we find that though the judicial officer might be justified in adjourning
the matter, however it seems that the
litigant got disturbed due to the delay and the time consumed in the litigation, and hence he made personal allegations against the referral
Judge, of seeking
illegal gratification for hearing the matter.
10.
Considering
that these are the personal remarks made
against the concerned Judge and it do not amount to ‘causing interference’, in the administration of justice or lowering
the authority of the Court and it does not attract Section 15(2) of the Contempt of the Courts Act. We find no case being made out for Reference.
Hence, the Reference
is declined.
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