Gujarat High Court
Rajendra Mistry Co- Ordeinator Of vs Dileep Sanghani & on 14 August, 2014
Author: M.R. Shah
Bench: M.R. Shah, K.J.Thaker
R/CR.MA/14011/2012 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION
(FOR CONTEMPT OF COURT) NO. 14011 of 2012
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RAJENDRA MISTRY CO- ORDEINATOR OF -....Applicant(s)
Versus
DILEEP SANGHANI & 1....Respondent(s)
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Appearance:
MS AMEE YAJNIK, ADVOCATE for the Applicant(s) No. 1
MR BHASKAR TANNA, Sr. ADVOCATE with MR VIJAY PATEL,
ADVOCATE for HL PATEL ADVOCATES, ADVOCATE for the
Respondent(s) No. 1
MR HL JANI, ADDL P.P. for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
and
HONOURABLE MR.JUSTICE K.J.THAKER
Date : 14/08/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH)
1. The present suo motu contempt proceedings are initiated against respondent no.1 for a public speech delivered by him on dated 02/06/2012 at Jamnagar by which some statements were made against the Judiciary as a whole and the High Court, which were subsequently made public in the electronic as well as print media, which were prima facie found to be contemptuous and, therefore, this Court took cognizance and/or suo motu cognizance and issued notice for contempt against respondent no.1.
2. In response to the notice issued by this Court, Shri B.P. Tanna, learned Counsel appearing with Shri Vijay Patel, Page 1 of 3 R/CR.MA/14011/2012 ORDER learned advocate has appeared on behalf of respondent no.1.
3. Today, when the present application is taken up for further hearing, Shri Tanna, learned Counsel appearing on behalf of respondent no.1 has stated at the bar that respondent no.1 is personally present in the Court and has also stated that he tenders his sincere, absolute, unqualified and unconditional apology for the speech delivered by him on 02/06/2012 at Jamnagar. It is submitted that as such it was not and never the intention of respondent no.1 to disrespect any Court in any manner whatsoever. He has also stated that by the aforesaid speech delivered on 02/06/2012 at Jamnagar he never intended to interfere in the administrative system of justice and there was no mala fide intention on the part of respondent no.1 to prevent, prejudice, obstruct or interfere with the administration of justice.
4. Shri Tanna, learned Counsel appearing on behalf of respondent no.1 has filed affidavit-in-reply, affirmed by respondent no.1, tendering his sincere, absolute, unqualified and unconditional apology for the speech delivered by him on 02/06/2012 at Jamnagar. The same is directed to be taken on record.
5. In view of the aforesaid sincere, absolute, unqualified and unconditional apology tendered by respondent no.1 for the speech delivered by him on 02/06/2012 at Jamnagar and in the facts and circumstances of the case, as it appears to us that the unqualified and the unconditional apology tendered by respondent no.1 is sincere and genuine and when respondent no.1 has stated in the affidavit that he misguided himself while Page 2 of 3 R/CR.MA/14011/2012 ORDER delivering the speech and when he is really and sincerely regretting, repenting and is remorseful from the bottom of his heart for the said speech, we accept the unconditional and unqualified apology tendered by respondent no.1 for the speech delivered by him at Jamnagar on 02/06/2012 and close the present proceedings.
6. With this, the present application is disposed of.
(M.R. SHAH, J.) (K.J. THAKER, J.) Siji Page 3 of 3