Punjab-Haryana High Court
**** vs Bhushan Thapar on 19 July, 2012
Author: Surya Kant
Bench: Surya Kant
HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
****
CROCP No.12 of 2011 (O&M)
Date of Decision: 19.07.2012
****
Court on its own motion . . . . Petitioner
VS.
Bhushan Thapar . . . . Respondent
****
CORAM : HON'BLE MR.JUSTICE SURYA KANT
HON'BLE MR. JUSTICE R.P. NAGRATH
****
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
****
Present: Respondent-contemnor in person
****
SURYA KANT, J. (ORAL)
(1). These contempt proceedings have arisen out of a complaint made by the respondent-contemnor to this Court against a Judicial Magistrate. The learned Administrative Judge called for the records and found that the conduct exhibited by the respondent-contemnor which led to obstruction of proceedings before the trial Court, amounted to 'contempt of court'.
(2). Show cause notice was consequently issued. The respondent has filed his reply/affidavit dated 28.10.2011 labouring hard to submit that neither he interfered with the court functioning nor caused any obstruction. (3). On the previous date of hearing we heard the respondent-
contemnor and were tentatively of the view that the CROCP No.12 of 2011.doc -2- explanation submitted by him in the reply/affidavit could not be accepted.
(4). Faced with this, the respondent has placed on record an additional affidavit tendering unconditional apology and has pleaded mercy stating that he is a heart patient who has been advised bye-pass surgery and that there was no intentional or willful obstruction of court proceedings by him. The respondent undertakes not to repeat such incident in future and that he shall always maintain dignity and decorum of the Court.
(5). Having heard the respondent-contemnor in person and keeping in view the repentance expressed by him, followed by his unconditional apology and the undertaking that he shall henceforth mend his ways and would not misconduct himself in Court, we are of the view that no useful purpose shall be served by keeping these proceedings pending. We accordingly accept the unconditional apology tendered by the respondent and drop these proceedings subject to the condition that the respondent shall abide by his undertaking.
(6). Rule discharged. Dasti.
(SURYA KANT)
Judge
CROCP No.12 of 2011.doc -3-
19.07.2012
vishal shonkar
(R.P. NAGRATH)
Judge