Gujarat High Court
Suo Motu vs Vijay Arvindbhai Shah on 24 February, 2023
Author: Sonia Gokani
Bench: Sonia Gokani, N.V.Anjaria
R/CR.MA/9027/2020 CAV JUDGMENT DATED: 24/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 9027 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE CHIEF JUSTICE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MR. JUSTICE N.V.ANJARIA
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1 Whether Reporters of Local Papers may be allowed YES
to see the judgment ?
2 To be referred to the Reporter or not ? YES
3 Whether their Lordships wish to see the fair copy NO
of the judgment ?
4 Whether this case involves a substantial question NO
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
==========================================================
SUO MOTU
Versus
VIJAY ARVINDBHAI SHAH & 1 other(s)
==========================================================
Appearance:
LAW OFFICER BRANCH(420) for the Applicant(s) No. 1
MR HEMANG M SHAH(5399) for the Applicant(s) No. 1
SUO MOTU for the Applicant(s) No. 1
for the Respondent(s) No. 2
LD.SR.ADV.MR.MIHIR THAKORE ASSISTED BY MR CP
CHAMPANERI(5920) for the Respondent(s) No. 1
MR SHALIN N MEHTA(2010) for the Respondent(s) No. 2
MR VAIBHAV N SHETH(5337) for the Respondent(s) No. 2
=========================================================
CORAM:HONOURABLE THE CHIEF JUSTICE MS. JUSTICE
SONIA GOKANI
and
HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 24/02/2023
CAV JUDGMENT
(PER : HONOURABLE THE CHIEF JUSTICE MS. JUSTICE SONIA GOKANI) Page 1 of 74 Downloaded on : Sat Feb 25 20:40:10 IST 2023 R/CR.MA/9027/2020 CAV JUDGMENT DATED: 24/02/2023
1. The present proceedings are contempt proceedings initiated suo motu under Article 215 of the Constitution of India read with section 15 of the Contempt of Courts Act, 1971, by the Court as per the directions in judgment dated 26.06.2020 in Cr. Misc. Application No. 8266 of 2020.
2. In view of facts recorded, by Honourable Judge of this Court, found that one Vijay Arvindbhai Shah and Alpesh Rameshbhai Patel were prima facie guilty of commission of criminal contempt within the meaning of section 2(c) of the Contempt of Courts Act, 1971.
2.1 In the background, for the events that took place in course of hearing of Criminal Misc. Application No. 8266 of 2020 before Honourable Judge of this court. It was an application filed by said Vijay Arvindbhai Shah, seeking anticipatory bail under section 438 of the Code of Criminal Procedure, 1978 in connection with FIR Page 2 of 74 Downloaded on : Sat Feb 25 20:40:10 IST 2023 R/CR.MA/9027/2020 CAV JUDGMENT DATED: 24/02/2023 bearing No.11215021200321 dated 01.05.2020 registered with the Petlad Town Police Station for the offences under sections 143, 145, 332, 504, 186, 147, 153, 269 of Indian Penal Code, 1860 and also under section 3 of the Epidemic Diseases Act, 1897 and under Regulation 13(1) of the Gujarat Epidemic Disease-19 Regulation, 2020.
2.2 The events highlighted by Honourable Judge of this Court (as her ladyship then was) in the aforesaid order dated 26.06.2020 are extracted from said order dated 26.06.2020 in Criminal Misc.
Application No. 8266 of 2020,
(i)On 15.6.2020, this Court had issued Notice making it returnable on 22.6.2020.
(ii) On 22.6.2020 at about 8.55 a.m., the undersigned received a call on her mobile from the mobile No.9924327466. The caller had introduced himself as Page 3 of 74 Downloaded on : Sat Feb 25 20:40:10 IST 2023 R/CR.MA/9027/2020 CAV JUDGMENT DATED: 24/02/2023 "Niranjanbhai Patel, MLA, Petlad".
(iii) The Court narrating the
incident passed a detailed order
directing the Registrar( I T ) t o o b t a i n the call details of the said number.
( i v ) On 23.6.2020, the Court after
perusing the call details of the said
mobile number in question, as
submitted by Registrar (IT) found that it was ported to JIO Mobile Services by the Subscriber Tofik Vhora, Anand.
The Court, therefore, directed the
Superintendent of Police, District
Anand to get the statements of
Mr.Niranjanbhai Patel, MLA,
Petlad and of Tofik Vhora
recorded and submit to the Court
on 24.6.2020.
(v) On 24.6.2020, on perusing the
said statements of Mr.Niranjanbhai and Page 4 of 74 Downloaded on : Sat Feb 25 20:40:10 IST 2023 R/CR.MA/9027/2020 CAV JUDGMENT DATED: 24/02/2023 Mr.Tofikbhai, the Court found certain queries, and therefore, asked learned APP Ms. Moxa Thakkar as to whether Mr.Solanki, Deputy Superintendent of Police could be joined through video conferencing to answer the queries of the Court, however, due to some connectivity problem, he could not be joined. The Court, therefore, directed the Superintendent of Police, Deputy Superintendent of Police and PSI to remain in the office of the Superintendent of Police, Anand on the next day i.e. on 25.6.2020 for being j o i n e d t h r o u g h v i d e o conferencing.
(vi) On 25.6.2020, the Superintendent of Police, Anand along with Deputy Superintendent of Police and PSI had joined the hearing through video conferencing, and at that time, the Superintendent of Police stated that there were two other persons present in his office i.e. Tofik Vhora and one Page 5 of 74 Downloaded on : Sat Feb 25 20:40:10 IST 2023 R/CR.MA/9027/2020 CAV JUDGMENT DATED: 24/02/2023 Alpesh Rameshbhai Patel, who had said to have made the call in question in the name of Niranjanbhai Patel, MLA, Petlad on 22.6.2020 from the mobile of Tofikbhai. At the request of the Superintendent of Police, the said Alpesh Patel was permitted to address the Court. The gist of his version was noted down by the Court in the order passed on 25.6.2020 and the said Alpesh was directed to file the affidavit in detail by 26.6.2020 i.e. today.
(vii) Today the said Alpeshbhai Patel has forwarded his affidavit, along with the whatsapp message of the date 17th and 18th June, 2020 received by him from the Mobile No.9825252222 belonging to the applicant Vijaybhai Shah. The said affidavit in Gujarati reads as under:-
Page 6 of 74 Downloaded on : Sat Feb 25 20:40:10 IST 2023R/CR.MA/9027/2020 CAV JUDGMENT DATED: 24/02/2023 Page 7 of 74 Downloaded on : Sat Feb 25 20:40:10 IST 2023 8 Downloaded on : Sat Feb 25 20:40:10 IST 2023 2.3 It is to be recorded that learned senior advocate and learned advocate on record for the applicant stated before the Court on 26.06.2020 as recorded in paragraph 3 of the order, that having regard to the facts and circumstances, which came on record, they were not in position to defend the application any more.
"3. Today, when the matter was taken up for hearing, the learned Sr. Advocate Mr.N. D. Nanavati and the learned Advocate Mr.Dagli appearing for the applicant categorically stated that they can not defend the applicant any more, having regard to the facts and circumstances, which have come on record."
2.4 It is relevant to reproduce the further and other part of the order dated 26.06.2020 as well, "4. Since the whatsapp messages sent by the said Alpesh Patel along with his affidavit through email were not clearly legible, the Superintendent of Police, Anand was again joined through video conferencing and he was requested to send the said whatsapp messages again on the mobile phone of the Court Master. Accordingly, the same were sent. On the query put by the Court to the learned Advocate Mr.Dagli, he had 9 Downloaded on : Sat Feb 25 20:40:10 IST 2023 stated that the applicant Vijaybhai Shah used to call him from his Mobile No.7874992222 and 9825222222. The learned APP Ms. Moxa Thakkar states that as per the True Caller information, Mobile No.9825252222 belongs to Vijay Shah and Mobile No.9825222222 belongs to one Mr.Harsh Singhvi, MLA.
5. From the aforestated twists and turns, which have surfaced on record, it appears that the name of Niranjanbhai Patel, MLA, Petlad was sought to be used by the applicant Vijay Shah for misleading the Court. The learned Advocate Mr.Dagli, right from the beginning, had submitted on the instruction of the applicant that the said Niranjan Patel was interested in getting the applicant arrested, and therefore, he must have made the call and sent the messages, whereas from the affidavit filed by the said Alpesh Patel, it clearly transpires that such a submission was made only with a view to mislead and prejudice the Court. As transpiring from the affidavit of Alpeshbhai, the call in question was made by him at the instance of the applicant Vijay Shah, who had advised Alpeshbhai to make the call in the name of Niranjanbhai Patel from the STDPCO shop. The details of the case were also given by the wife of Vijay Shah, from his mobile No.9825252222 on 17.6.2020 as per the copy of whatsapp message produced on record along with the affidavit of Alpeshbhai. The said Alpeshbhai categorically has admitted in the affidavit that the mobile number of the undersigned was also given by Vijay Shah only on 20.6.2020. Thereafter on 22.6.2020 when the matter was to be heard, he had gone to the shop of Tofikbhai situated near the hospital of Dr. Mahendra Shah at about 9 10 Downloaded on : Sat Feb 25 20:40:10 IST 2023 O'Clock in the morning and had made the call to the undersigned using the mobile phone of the said Tofikbhai. He has also stated that in the phone he only had introduced himself as Niranjan Patel, MLA, Petlad as told by Vijaybhai, and when he was trying to mention about the case, the phone was cut by the undersigned by saying that he could not have made such call to the undersigned. He thereafter had called twice, but the phone was not picked up by the undersigned. Thereafter, he had sent a text message to the effect that Criminal Misc. Application No.8266 of 2020 filed by Vijay Arvind Shah was fixed today (i.e. 22.6.2020) and he should not be granted anticipatory bail. He also has stated that thereafter he had deleted the call and the text messages from the said mobile phone of Tofikbhai while returning the phone to him. Ten minutes thereafter he had intimated Vijay Shah that he had made the call and also sent the message and that he would be granted bail. At that time Vijay Shah had told him that they will understand the vyavhar (whatever was to be given to be him) after the work is over. He has further stated that thereafter at about one o'clock Vijay Shah called and informed him that his Advocate had intimated him (i.e. Vijay Shah) that the Court had directed inquiry in the matter which would be in their benefit, however, in the evening at about 5:00 p.m., again Vijaybhai called him and intimated him that since the Court had directed inquiry, he should be careful. Rajesh Solanki also called him that he should be more careful. Alpeshbhai thereafter, had left for Gandhinagar, however, was caught by the LCB Gandhinagar and was handed over to the LCB Anand."
11 Downloaded on : Sat Feb 25 20:40:10 IST 20232.5 Honourable Judge also observed in paragraph 6 of the order that there was no defence raised or affidavit filed on behalf of said Vijaybhai controverting the version of Alpeshbhai.
"6. It is apposite to mention that there is no defence raised or affidavit filed on behalf of the applicant Vijaybhai controverting the version of Alpeshbhai. On the contrary, as stated herein above, the learned Senior Advocate Mr. N.D. Nanavaty and learned advocate Mr. Dagli appearing for the applicant have refused to make any submissions to defend the applicant."
2.6 It was categorically concluded by the Honourable Judge thus, "7. From the aforestated facts and circumstances, it clearly emerges that in a well designed but illmotivated mission to get the order of anticipatory bail, the applicant Vijay Shah had tried to implicate Mr. Niranjanbhai Patel who according to Mr. Dagli was his rival in the case and tried to mislead the Court. However, an unsuccessful attempt of applicant to obtain the order of anticipatory bail de hors following the due process of law, has not only invited the ire of the Court but has rendered himself along with the said Alpesh Patel prima facie liable for committing contempt of Court. At this juncture, it may be 12 Downloaded on : Sat Feb 25 20:40:10 IST 2023 noted that any act whatsoever which prejudices or interferes or tends to interfere with the due course of any judicial proceedings, or any act which interferes or tends to interfere the administration of justice in any manner, would amount to "criminal contempt" within the meaning of section 2(c) of the Contempt of Courts Act, 1974."
2.7 The Honourable Judge further observed the circumstances, which clearly pointed out that there was an attempt to mislead the Court that Mr. Patel wanted his anticipatory bail application to be dismissed.
"8. In the instant case, the applicant Vijay shal by asking the said Alpeshbhai Patel to make the call to the Judge before whom his application was listed for hearing, in the name of his rival Mr. Niranjanbhai Patel in order to prejudice the Judge and get anticipatory bail, and the said Alpeshbhai having acted so at the instance of the applicant Vijaybhai had committed the acts, which were intended to interfere with the judicial proceedings and the administration of justice as discussed herein above, and therefore, have prima facie made themselves liable for committing the "criminal contempt" under section 2(c) of the said Act."
2.8 The Honourable Judge of this Court observed thereafter that the justice delivery system had been facing 13 Downloaded on : Sat Feb 25 20:40:10 IST 2023 unprecedented multiple challenges at the hands of tech savvy criminals. It was expressed that any attempt to corrupt or to fail justice delivery system has to be dealt with sternly and stringently.
"9. It may be noted that when the Justice delivery system is facing unprecedented multiple challenges at the hands of tech- savy criminals, any attempt to corrupt or to fail the ustice delivery system has to be dealt with very stringently. In the instant case, the applicant who is shown as the accused in connection with the FIR in question, was desirous of obtaining the order of anticipatory bail any how, has been trapped in his own net laid for trapping others. The applicant had also tried to impress upon the Court through his Advocate Mr. Dagli that Mr. Niranjanbhai Patel was interested in his arrest and he must have made the call to the undersigned on the day when the hearing was fixed, whereas, it was the applicant himself who in his ill-motivated and ill-advised plan, had asked the said Alpesh to make a call in the name of Niranjanbhai Patel, MLA, Petlad to prejudice the mind of the Court and to mislead the Court that Mr. Patel wanted his anticipatory bail application to be dismissed. The applicant Vijay Shah would have thought that by doing so either he would win the sympathy of the Court and would get the anticipatory bail, or the Court might transfer the case on being prejudiced by such call made in the name of Niranjanbhai Patel, MLA. Such conduct on the part of the applicant is highly deplorable and unpardonable. The 14 Downloaded on : Sat Feb 25 20:40:10 IST 2023 application of the applicant who has no respect for the Justice delivery system and no regards for truth cannot be entertained any further and deserves to be dismissed on that ground alone."
2.9 The directions regarding initiation of suo motu contempt were guided by the aforesaid facts, events and pointed developments and was prefaced by the following observations found in paragraph 10, "10. At this juncture, it may be noted that the judicial functions cannot be and should not be permitted to be obstructed or hindered by the malpractices or tactics of the litigants or of their counsels. As has been repeatedly observed by the Apex Court, the rule of law is the foundation of the democratic society and the Judiciary is the guardian of the rule of law. The confidence which the people repose in the Courts, cannot be allowed to be undermined, tarnished or diminished by the contemptuous behaviour of any litigant. The foundation of judiciary is the trust and the confidence of the people in its policy to deliver fearless and impartial justice. When the foundation itself is sought to be shaken by the acts which tend to create disaffection and disrespect for the authority by creating distrust in its working, the very edifice of the judicial system gets eroded. It is for this purpose that High Courts are entrusted with the extraordinary powers under Article 215 of the Constitution, of punishing for the contempt of Courts, those 15 Downloaded on : Sat Feb 25 20:40:10 IST 2023 which indulge in the acts which tends to undermine the authority of law or to scandalize the Court. As observed by the Apex Court in the case of Rajendra Sail versus M.P. High Court, Bar Association reported in (2005) 6 SCC 109, when the Court exercises this power it does not do so to vindicate the dignity and honour of the individual Judge, but to uphold the majesty of law and the administration of justice."
2.10 The Court dismissed Criminal Misc. Application No. 8266 of 2020 and issued further directions, extracting from para 12, "(B) The Office is directed to register the Suo Moto motion as the Suo Moto contempt proceedings under Article 215 of the Constitution of India read with section 15 of the Contempt of Courts Act, 1971 for the purpose of record.
(C) The Office is directed to issue notice under section 17 of the Contempt of Courts Act to Vijay Arvindbhai Shah and Alpesh Rameshbhai Patel at the addresses available on record, through the Superintendent of Police, Anand, as per the Contempt of Courts (Gujarat High Court) Rules, 1984. The notices shall be accompanied by the instant order and the record of this case to be made returnable on 10.07.2020.
(D) Since every case of criminal contempt under section 15, is required to be heard and determined by the Bench of not less than two Judges as per section 18 of the said Act, the Office is directed to place the matter before the Chief Justice for necessary consideration. "
16 Downloaded on : Sat Feb 25 20:40:10 IST 20233. In the backdrop of the aforesaid order, the directions issued on 26.06.2020, as stated above, it was application for anticipatory bail in which court had issued notice on 15.06.2020 making it returnable on 22.06.2020. On 22.06.2020, what happened was recorded by the Court in the order,
1. "In the present application, filed by the applicant seeking an anticipatory bail under Section 438 of Cr. P.C., notice was issued by this Court on 15.6.2020 making it returnable on 22.6.2020 i.e. today.
2. However, an unprecedented incident occurred in the sense that today at 8.55 a.m., the undersigned received a call on her mobile No.7069074860 allotted to her by the High Court, from the mobile No.9924327466. Since it was an unknown num- ber, the undersinged was a little hesitant to pick up the call, however, after a while, it was picked up, and the person calling stated that he was Niranjan Patel, MLA, Petlad. When the undersigned asked him as to why he had made the call, he said that there was one Criminal case listed today. At that point of time, the undersigned immediately stopped him and told him that he could not have called the undersigned like this, and disconnected the phone. Thereafter, the said person again made three calls one after the other, however, they were not picked up. Immediately thereafter at 9 a.m., a message in English script was sent from the said mobile number, stating that the Criminal Case No.8266 of 2020 Vijaybhai Arvindbhai .. ma aje muddat che, (is fixed today). Since the undersinged was disturbed and furious receiving the said call, she requested the Registrar (I.T.) of High Court to make inquiry as to in whose name the said mobile number was registered. He intimated the undersigned 17 Downloaded on : Sat Feb 25 20:40:10 IST 2023 that from the Truecaller, it appears that the said number belongs to one "Tosif Faiz Xerox", havig Vodefone connection.
3 . When the matter was called out for hearing today through video conferencing, the Court asked Mr.Dagli as to when did he speak to his client last, and Mr.Dagli stated that he spoke to his client lastly on Friday i.e. on 19.6.2020. The Court thereafter asked him to take instructions as to who Mr. Niranjan Patel was and how he was connected with the applicant. The matter was kept back for halfanhour. When the hearing was resumed after halfanhour, the learned ad- vocate Mr. Dagli along with the learned Sr. Advo- cate Mr. Nirupam D. Nanavaty, appeared. Mr. Dagli stated that as such the applicant has no con- nection with the Mr. Niranjan Patel, however, Mr. Ni- ranjan Patel is very much insterested to see that the petitioner is arrested, and Mr.Patel had also ap- proached Dy. S. P. for the arrest of the applicant.
4. Since, nobody can directly or indirectly try to ap- proach the Court or to influence the Court, in a way try to pollute the stream of justice, it is necessary to obtain the details of the call made from the number 9924327466 registered with Vodafone. The Registrar (IT), Mr.Ashok Ukrani is requested to obtain the necessary details with regard to the registration/ownership of the said mobile number along with today's call details from Vodafone and inti- mate the Court by tomorrow i.e. 23.6.2020. Registrar (IT) may take assitance of the Registrar (Vigilance), if necessary to do so. Copy of the order be sent to the Registrar (IT), and Registrar (Vigilance), High Court.
5. Put up on 23.6.2020."
3.1 On the next date, that is, 23.03.2020, pursuant to the order passed on the previous date, the Registrar Registrar (SCMS & ICT) 18 Downloaded on : Sat Feb 25 20:40:10 IST 2023 submitted report of Call Data Record (CDR) in relation to Mobile No. 9924327466 in the date 22.06.2020 from 00.00 hrs. to 20.13 hrs. The court observed that the said number appeared to be ported to JIO Mobile service from 18.05.2018 as per the record of Reliance Jio Infocomm Ltd. The phone call was found to have been made from the said number to the number of Honourable Judge of this Court on 8.55 am on 22.06.2020 and the call duration was 45 seconds.
"2. Pursuant to the said order, the Registrar (SCMS & ICT) has submitted the report of Call Data Record (CDR) in respect of the mobile telephone number in question i.e. 9924327466 for the date 22.06.2020 from 00:00 hours to 20:13 hours.
3. Having regard to the said report, it appears that the said number appears to have been ported to JIO mobile service from 18.05.2018, as per the record of Reliance Jio Infocom Ltd. From the call details, it clearly transpires that the call in question was made from the said number to the number of the Undersigned i.e. 7069074860 at 8:55 a.m. on 22.06.2020 and the call duration thereof was 45 seconds. Immediately thereafter there are four SMS sent from the said number to the Undersigned's number at 19 Downloaded on : Sat Feb 25 20:40:10 IST 2023 09:00:56, 09:02:39, then 09:02:49 and 09:02:52 hours.
4. It further appears that the name of the subscriber as mentioned in the CDR is Tofikbhai Vhora, son of Salimbhai Vhora, and the address mentioned therein is "Bagdad Nagar, Near Sarvariya Masjid, Anand 100 Foot Road, Anand, Anand GJ 388001", and the type of connection is prepaid.
3.2 The Court recorded that thereafter four SMS were sent from the said number to the number of the Honourable Judge at 09:00:56, 09:02:39 and again at 09:02:49 as well as at 09:02:52 hrs. The name of the subscriber mentioned in the CDR was Tofik Vhora, son of Salimbhai Vhora and the address was also mentioned to be "Bagdad Nagar, Near Sarvariya Masjid, Anand 100 Foot Road, Anand.
"5.As emerging from the said CDR, on 2.06.2020, a call was made from the mobile number 9924327466 at 08:55 a.m., and thereafter four messages during the time between 09:00:56 to 09:02:52 hours were sent to the number 7069074860. The said four messages received in the broken language read as under :
"-Criminal Case : 8266/2020 Vijaybhai Arvindbhai, Agotara jamin na madva joie, Are midst che-Aaje Muddat Che"
3.3 Learned advocate Mr. Dagli for the 20 Downloaded on : Sat Feb 25 20:40:10 IST 2023 applicant stated before the Court after taking instructions from the applicant that he did not know any person named Tofikbhai Vhora. The Court recorded what was recorded in the earlier order dated 26.02.2020 that the person who had called her introduced himself as Niranjan Patel, Member of Legislative Assembly, Petlad, whereas the subscriber of the mobile phone was Tofik Vhora, as mentioned above.
3.4 The Honourable Judge of this Court formed prima facie opinion that criminal Contempt of Courts Act was committed. The Honourable Judge directed the Superintendent of Police, District Anand to get the statement of said Mr. Niranjan Patel, Member of Legislative Assembly, Petlad, Mr. Tofik Vhora and submit the same to the Court.
3.5 On 24.06.2020, the Superintendent of Police, Anand, forwarded the report along with statements of the said persons which waas taken on record by the Court. The Superintendent of Police, Anand, the Deputy 21 Downloaded on : Sat Feb 25 20:40:10 IST 2023 Superintendent of Police and the Police Inspector concerned were directed to remain present before the Court on the next date.
3.6 On 25.06.2020, Honourable Judge passed detailed order. The Superintendent of Police, Deputy Superintendent of Police and PSI, joined the hearing through video conferencing, the Court noted in the order.
It was further noted that on the previous day, the Superintendent of Police had forwarded the report of Depuity Superintendent of Police along with
statements of Niranjanbhai Patel and Tofik Salimbhai Vhora as directed by the Court. The relevant part of which is extracted hereinbelow, "3. So far as the statement of Niranjanbhai Patel recorded by the Dy. Superintendent of Police, Mr.Solanki on 23.6.2020 is concerned, he had stated inter alia that he was elected as the MLA of Petlad Constituency, from the Congress Party. During the said election, the applicant Vijaybhai Arvindbhai Shah and his wife Vignatriben, who also belong to the congress party had helped him in winning the election, and therefore, he had family relations with the said Vijaybhai. As regards the call in question, he had stated that he had never made any such call 22 Downloaded on : Sat Feb 25 20:40:10 IST 2023 or had never asked anybody to make such call on his behalf. Since he had family relations with Vijaybhai, and since Vijaybhai was the active worker of the Congress Party, there was no question of pressurizing the police department or anybody to make arrest of Vijaybhai.
4. So far as the statement of Tofik Salimbhai Vhora, from whose mobile the call in question was made, is concerned, he had stated inter alia that on 22.6.2020 at about 8:30 am, when he was in his shop, named Faiz Xerox and Mobile, situated at Rajdeep Complex, near the hospital of Dr. Mahendra Shah, one person wearing sleeveless Tshirt and short pants, with black mask on the face, had come to his shop and asked him whether any STD/PCO facility was available in his shop. When he said that such facility was not available, that person requested him to use his mobile phone to make a call to Delhi as he had some urgent work. He (Tofik Salimbhai) therefore permitted him to make the call from his mobile. The said person had remained in his shop for about ten minutes and thereafter had told him that he could not make any call as the other side was not picking up his call. Thereafter the said person had asked for the charges, but Tofikbhai refused to take any charge, and therefore, the said person purchased some packets of mouth refreshers worth Rs.30/ from his shop. That person thereafter left his shop. Tofikbhai has further stated that there was a CCTV Camera installed at the hospital of Dr. Mahendra Shah, situated adjacent to his shop and in the CCTV footages recorded in the said camera, the person who had 23 Downloaded on : Sat Feb 25 20:40:10 IST 2023 visited his shop was seen.
5. Since the Court had certain queries, on the receipt of the said statements, the Court yesterday had asked the Superintendent of Police, Dy. Superintendent of Police and PSI to join the hearing today through video conferencing.
6. Today, the Superintendent of Police conveyed the Court that the person, who was seen in the CCTV footages, was identified by the said Tofikbhai as the person, who had visited his shop on 22.6.2020 and that he has been caught and is present in the office. The Superintendent of Police Mr. Rajyan sought permission of the Court to permit him to address the Court, as he had admitted that he had made the call and sent the messages in question on that day.
7. On the permission being granted by the Court, the said person addressed the Court from the office of Superintendent of Police, making very startling and shocking disclosure. He introduced himself as Alpesh Rameshbhai Patel, resident of Village Jitodia, near Anand. He was Mechanical Engineer, working as Insurance Surveyor and also doing agricultural work. While admitting that the call in question was made by him, he stated that the said call was made at the instance of Vijaybhai Shah i.e. the present applicant and his wife Vignatriben. According to him, his friend Nimesh Natwarlal Patel had requested him to call his another friend Rajesh Solanki, who in turn had asked him to contact the present applicant Vijaybhai Shah. Accordingly, a meeting was organized 24 Downloaded on : Sat Feb 25 20:40:10 IST 2023 on 16.06.2020 amongst the said persons and at that time, he i.e. Alpesh Patel was requested by Vijaybhai Shah to make a call in the name of Niranjanbhai Patel to the Judge i.e. the undersigned, as the matter of anticipatory bail was listed for hearing before this Court. Vijaybhai only had given the phone number to him (Alpeshbhai). He further stated that he was told by Vijaybhai that if he made such a call and sent messages in the name of Niranjanbhai Patel, M.L.A., who was on the opposite side, he i.e. Vijaybhai would be granted anticipatory bail by the Court. While confessing that he should not have made such a call, he stated that he was assured by Vijaybhai and his friend that he would be duly compensated for the said act. He admitted that he therefore, had gone to the shop of Tofikbhai Vhora as the call was to be made from the shop of STD / PCO. He also stated that on 23.06.2020, when he was at Dakor, the said Vijaybhai had informed him by telephone that the Court had already ordered inquiry in the matter and he should be careful. Similar call was also made to him by the said Rajeshbhai, friend of Nimeshbhai. He thereafter, had left for Gandhinagar, however, and he was caught by the LCB, Gandhinagar and brought to the office of LCB, Anand. He also stated that he had all the whatsapp messages and call records sent by said Vijaybhai.
8. The Court after hearing the said Alpesh Rameshbhai Patel, directed him to state all the facts in detail in the form of affidavit, by tomorrow so that appropriate proceedings could be initiated and action could be taken against all concerned, who are prima facie found involved."
25 Downloaded on : Sat Feb 25 20:40:10 IST 20233.7 The case stood adjourned to 26.02.2020 and on that day, as above, the order was passed and the directions initiating suo motu contempt against the said persons came to be issued.
3.8 After issuance of notice, on 26.06.2020, as above, proceedings of suo motu contempt came to be numbered as Cr. Misc. Application No. 9027 of 2020 and was posted before this bench since as per the roster, the bench was assigned business dealing with the contempt matters.
4. On 20.07.2020, learned advocate appeared for Mr. Vijay Arvindbhai Shah who presented himself through video conference and prayed for time. The other alleged contemnor Alpesh Patel was not present as the notice to him appeared to be either remained unserved or unreturned.
4.1 On the next date of hearing, Patel Alpeshbhai also presented himself through video conferencing before the court and 26 Downloaded on : Sat Feb 25 20:40:10 IST 2023 prayed for time. The Court appointed
learned senior advocate Mr. Shalin N. Mehta to act as amicus curiae. On 28.07.2020, learned advocate who appeared for respondent no.2 Alpeshbhai Patel submitted before the Court that he would file affidavit-in-reply for the alleged contemnor only for the purpose of tendering unconditional apology. When the proceedings came up on 13.08.2020, this Court heard learned senior advocate appearing for respondent no.1 as well as learned advocate appearing for respondent no.2 and also learned amicus curiae on the aspect of unconditional apology.
4.2 Thereafter, in the course of consideration of suo motu proceedings, this Court on 31.08.2020, after hearing the learned counsel for the parties and amicus curiae, observed about the statements of MLA Mr. Niranjan Patel as well as that of Mr. Tofik Vhora thus, "3.6 The statement of MLA Mr. Niranjan Patel indicated that he was elected as an MLA of Petlad Constituency for the congress party and he has no family relations with the 27 Downloaded on : Sat Feb 25 20:40:10 IST 2023 respondent no.1. With regard to the call in question, he stated that he never had made any such call nor would he ever think to make any such call on behalf of anyone. His name is dragged maliciously.
3.7. When the statement of Mr. Tosif Vhora was recorded, he stated that on 22.06.2020 while he was in the shop, one person wearing sleeveless t-shirt and pant with black mask came to his shop and asked for the PCO to make a call, where he denied of having PCO. As per the report, he said that the person had requested Mr. Tosif Vhora two to three times to allow him to make a call from his mobile phone at Delhi because he had some urgent work. Mr. Tosif Vhora, therefore permitted that person to make a call and he remained in his shop for about 10 minutes and thereafter,he returned the phone stating that the other side was not picking up the call and Toifbhai also refused to take any charges. He bought mouth refresher of worth of Rs. 30 from his shop and then left. From the CCTV footage of Dr. Mahendra Shah's Hospital, the footage of this person in the shop was noticed. Accordingly, the Superintendent of Police, Anand could trace this person who is respondent no.2 (alleged contemner no.2). He introduced himself as Alpesh R. Patel, residing at Village Jitodia near Anand. He is a Mechanical Engineer and working as Surveyor and also carrying out agricultural activity.
3.8. While answering to the probe whether the call in question was made by him, he agreed that the said call was made at the instance of Mr. Vijay Shah -respondent /contemner no.1 28 Downloaded on : Sat Feb 25 20:40:10 IST 2023 and his wife. His friend Nimesh Natvarbhai Pate had asked him to call his another friend Mr. Rajesh Solanki and he then asked him to contact Mr. Vijaybhai Shah - respondent no.1."
4.3 It was further recorded by way of meeting held amongst the said three persons, "3.9 On 16.06.2020, a meeting was organized amongst these persons where Mr. Alpesh Patel was requested by Mr. Vijay Shah to make a call to the learned Single Judge before whom his matter for anticipatory bail has been listed for hearing. The respondent no.1 had given only the mobile number of the Learned single Judge to the Respondent no. 2. It was conveyed to him that if a call is made and the messages is sent in the name of Mr. Niranjan Patel, MLA, Petlad who was on the opposite side, respondent no.1 would be granted anticipatory bail by the Court. He confessed that he should not have made such a call. He further stated that he was also ensured that he will be duly compensated for the said act. He also has agreed to have gone to the shop of Mr. Tosif Vhora and his having made a call from the shop."
4.4 At this stage, affidavit-in-reply dated 06.08.2020, filed on behalf of alleged contemnor-Vijay Arvindbhai Shah may be referred to having stated that, he never intended to obstruct the course of 29 Downloaded on : Sat Feb 25 20:40:10 IST 2023 administration of justice or to lower the dignity of the Court in any manner. It was stated that he had studied upto first year of Bachelor of Arts and gave up his studies in the year 1988. He had a son aged 16 years and daughter aged 22 years, both studying. It was stated that he was earning his livelihood from agricultural sources.
4.5 The said alleged contemner thereafter mentioned about the FIR registered against him. He stated that as per him, the investigation was carried out by the police authorities only with a view to frame him, therefore, the application for anticipatory bail was filed as he was apprehending arrest. He stated that the police machinery, especially the Deputy Superintendent of Police was hostile towards him. The deponent stated that he met one Rajesh Solanki in the market who was a close family friend and said Rajesh Solanki recommended the name of Alpesh Patel who happened to be his acquaintance and was known to him through his friend Mr. Nimesh 30 Downloaded on : Sat Feb 25 20:40:10 IST 2023 N. Patel. It was stated by the deponent that said Rajesh Solanki conveyed to him that said Mr. Alpesh Patel had good connection with police department and even in past he had helped several persons in finding support with the police.
4.6 The deponent stated that as the accused persons were not called by the police persons, the said Alpesh Patel may become helpful to the deponent. Therefore, on 15.06.2020, it was stated, Mr. Rajesh Solanki arranged meeting with Mr. Alpesh Patel. According to deponent, it was only time in his life, when he met said Mr. Alpesh Patel. It was stated that said Mr. Alpesh Patel asked the deponent to send the details of the Court matter, which was sent, including the details of anticipatory bail pending before the Court.
4.7 Having said as above, the deponent claimed he had never directly or indirectly spoken or requested Mr. Alpesh Patel to approach the Honourable Judge. It was 31 Downloaded on : Sat Feb 25 20:40:10 IST 2023 claimed that the deponent did not know as to how Mr. Alpesh Patel procured the phone number of the Judge. It was stated by the deponent that Mr. Alpesh Patel on his own volition committed the act of contacting the Honourable Judge.
4.8 The deponent expressed to state that since said Mr. Alpesh Patel had good relationship with the police department, contacting him would facilitate as the deponent's perception was that he was
harshly treated by the police authorities.
4.9 Respondent no.2 also filed affidavit-in- reply for tendering unconditional apology seeking pardon for having involved himself, directly or indirectly, in an act amounting to criminal contempt of the Court. The filing of the affidavit was also referred to by this Court in its order dated 31.08.2020. It was recorded thus, "5. The respondent no.2 has filed its affidavit-in-reply for tendering unconditional apology also and seeking pardon for having involved himself directly or indirectly in an act 32 Downloaded on : Sat Feb 25 20:40:10 IST 2023 amounting criminal contempt of court. According to him, initially when he was permitted to address learned Single Judge after everything was disclosed and he was directed to file an affidavit in pursuance of the order dated 25.06.2020, he filed a detailed affidavit about how the entire incident happened and tendered his unconditional apology orally and when he also realised his mistake that he should not have made such a phone call to the Hon'ble Judge, he stated with regret and full of remorse that he realised his serious misconduct and blunder that he has committed and he also tried to interfere with the administration of justice. He with folded hand urged this Court to accept his unconditional apology and pardon him by showing mercy. He urged that such a conduct or action will not be repeated for all the time to come and being merciful his sincere apology be accepted. He holds the Court in profound respect and urged to discharge him from the contempt proceedings."
4.10 Then came to be filed further detailed additional affidavit dated 05.10.2020 by said alleged contemner Mr. Vijay Shah.
4.11 In the said order dated 31.08.2020, the Court extensively heard the alleged contemnors through their respective learned advocates on the aspect of acceptance of unconditional apology tendered by them.
33 Downloaded on : Sat Feb 25 20:40:10 IST 2023After delving in the relevant provisions of Article 215 of the Constitution and after considering the attendant provisions relating to contempt of Court and delving into the providence and spirit thereof, refused to accept unconditional apology.
4.12 It was held and observed that the alleged contemnors committed their acts which had the tendency of interfering with the course of administration of justice. It was viewed that the apologies do not inspire any confidence. Following reasons weighed with the Bench in coming to such conclusion, "27. In this legal background, on adverting to the facts in the instant case, when the conduct of both the alleged respondent no.1 and 2 are considered, it can be noticed that they both have tendered the apology which they insisted to be unconditional and unqualified and at the first given opportunity. So far as alleged respondent no.1 is concerned, so as to explain the role of respondent no.2, he has given explanation and defended himself. Whereas respondent no.2 had been asked to explain by learned Single Judge before it issued notice of contempt, and in that affidavitin-reply filed on the directions of the Court, he has attempted to explain as to why there was an attempt on his part to contact the Honourable 34 Downloaded on : Sat Feb 25 20:40:10 IST 2023 Judge of this Court in the pending criminal proceedings. Respondent no.2 has sought the pardon for having involved himself directly or indirectly in the act attempting to criminal contempt. In his affidavit filed pursuant to the order dated 25.06.2020, he said that he realized the mistake and he ought not to have made phone call to the Hon'ble Judge and he said that he is full of regret and remorse and also realises the serious misconduct and blunder. He knew that it amounts to interfere with the administration of justice. He urged that the Court be merciful and accept his sincere apology. So far as respondent no.1 is concerned, he emphasized that through his friend, he had met respondent no.2 who had good connection with the police department and even in the past, he has helped several people in finding support from the police. So, it was through one Mr. Rajesh Solanki that meeting was arranged and he was conveyed that other coaccused have been released and he would try to put these facts and persuade the police authority to adopt a lenient view. He said that he was unaware as to from where he procured the number of Honourable Judge. It was on his own volition that he did so. Whereas according to alleged contemner no.2, he had been given those details by respondent no.1 and he had been also ensured that after once the work is done, he would be aptly rewarded. It is quite apparent from diametrically opposite stands taken by both of them that either of them has not stated the correct facts and one of them is presenting blatant lies. This even at the stage when both the respondent seek apologies, one of them has chosen not to approach the court with clean hands and that 35 Downloaded on : Sat Feb 25 20:40:10 IST 2023 also is one very valid aspect not to treat this apology as bona fide.
27.1. This being an extremely gross case where there is a direct attempt to contact the Presiding Judge of this court with a clear design to obtain order in favour of the respondent no.1 by camouflage and all possible efforts have been made to interfere with the administration of justice, even if the apology is termed as an qualified and unconditional, accepting the same would amount to compromising with the dignity of the institution. Honourable Judge of this Court when was seized with anticipatory bail matter of the Respondent no.1 being Criminal Misc. Application No. 8266 of 2020 in relation to the First Information Report being No. 11215021200321 dated 01.05.2020 registered with Petlad Town Police Station, by a clear design to get a favourable order, both colluded and also attempted to rope in the name of the sitting MLA."
4.13 It was view that the case was gross case wherein direct attempt was made to contact the presiding judge of this Court with a clear design to obtain order in favour of respondent no.1. It was found that all possible efforts had been made to interfere with the administration of justice. This Court in that order recorded that even if apology was to be termed as 36 Downloaded on : Sat Feb 25 20:40:10 IST 2023 unqualified and unconditional, accepting the same would amount to compromising with the dignity of the institution.
4.14 There was no gainsaying that the Honourable Judge of this court was seized with the anticipatory bail matter of respondent no.1 in relation to First Information Report in question and the offences were such that the alleged contemner acted with a clear design. The had intention in their mind, which clearly appeared to get a desired order. Therefore, both the alleged contemners colluded and attempted to rope in the name of sitting MLA. Not only that, the contemner no.2 hired Rajesh Solanki who had good contents with the police department. The following observations in the said order dated 31.08.2020 deserves to be reiterated and emphasized.
"This is an institution which is revered by the citizens for its impartiality and higher standard of dispensation of justice which are also its hallmarks and therefore, any such attack would warrant its zealous safeguard."37 Downloaded on : Sat Feb 25 20:40:10 IST 2023
4.15 In paragraph 28 of the order, it was observed, "29. The alleged contemnors first committed their acts which has a tendency to interfere with course of administration. Those can be said to be the acts and actions contemptuous in nature. It was only subsequently when this Court issued Suo Motu notice that they responded, finding no escape route, with tendering of apology. Thus, their apologies inspire no confidence."
4.16 Finally, the apology tendered by the alleged contemner were not accepted.
"30. Even if the apology is unconditional or unqualified, in the offence which is first of its nature and the apology tendered is, at the first given opportunity after issuance of notice on the returnable date, the glaring facts of the instant case would not permit this Court to accept the apology and discharge the notice as requested by the learned counsels appearing for the parties as the court cannot overlook the vital and fundamental aspect that such acceptance can mean this court compromising the dignity of the institution and interference with the administration of justice."
5. From the facts of the case and what transpired in the proceedings as above, it was observed by the Court in order dated 38 Downloaded on : Sat Feb 25 20:40:10 IST 2023 17.12.2021 that in the entire affair, the role of said Mr. Rajesh Solanki and the role of Mr. Nimesh Patel could not be discarded and there were reasons for the Court to initiate proceedings of contempt against the said persons also. Therefore the Court directed the Superintendent of Police, Anand, to record the statement of the said persons.
5.1 Thereafter, on 23.12.2021, it was given out that the statements of said persons were not recorded.
"It is informed to us that the investigating officer, is retiring on 31st December, 2021. The S.P, Anand, Shri Ajit Ranjan shall ensure that officer who may be required to take over the investigation of the rank of Dy. S.P., even if he is from city of Anand, shall be attached with the present officer so that there is continuity of inquiry/investigation."
6. Now respondent no.2-alleged contemner Alpesh Rameshbhai Patel in his additional affidavit dated 18.02.2022, unraveled certain aspects. He stated on oath that he was asked to help respondent no.1 Vijay Arvind Shah by Mr. Nimeshbhai Natwarbhai 39 Downloaded on : Sat Feb 25 20:40:10 IST 2023 Patel, which fact he had stated also in his affidavit dated 16.07.2020. Furthermore, said Nimeshbhai also asked him about Rajeshbhai Solanki and that Vijaybhai Shah who disclosed everything as what was to be done through said Rajeshbhai. It was further stated that said Rajesbhai Solanki contacted the deponent Alpeshbhai on telephone on 15.06.2020, introduced himself to further convey that Nimeshbhai Patel had given cell number of deponent through him. Said Rajesbhai told that Vijaybhai Shah was his friend. The deponent had gone to the place of Rajesbhai on 16.06.2020 at 11.00 AM where his wife Gayatriben was also present, as well as one another gentleman and a lady were present. They were then introduced by Rajesbhai as Vijaybhai Shah and his wife Vignatriben Shah. It was stated that the entire matter was discussed at that time. The screenshot of mobile whatsapp message of 15.06.2020 was produced.
6.1 Deponent Alpeshbhai Patel further stated that Vijaybhai Arvindbhai Shah and 40 Downloaded on : Sat Feb 25 20:40:10 IST 2023 his wife Vignatriben Shah disclosed about registration of FIR by Member of Legislative Assembly from Petlad Shri Niranjanbhai Patel claiming that the said FIR was forged, to explain how to help them. Shri Alpeshbhai Patel further stated that Vijaybhai Arvindbhai Shah and his wife gave details to him in their own handwriting on a piece of paper including the case number of anticipatory bail application. The said writing was produced along with the affidavit.
6.2 The deponent then stated that the investigating officer deleted those call logs and call detail records from his mobile number after taking them in their mobile number. It was stated that on 23.06.2020, respondent no.1 made whatsapp calls 5 times between 7:47 PM to 8:39 PM.
6.3 The statement of said Alpesh Patel was recorded on 24.06.2020 along with others. Finally, said Alpeshbhai Patel tendered unconditional apology to state thus, 41 Downloaded on : Sat Feb 25 20:40:10 IST 2023 "thereafter on 17.06.2020, from the cell number which is saved in my mobile number as Vignatriben Vijaybhai, a photograph of the case details being CRMA No. 8266/2020 being cause list was shared via whatsapp to me at about 11:13 a.m. by respondent no.1 and his wife. Moreover, car details from Registration Certificate Dash Board of one Pradipkumar Patel was also shared by sending a photograph on 18.06.2020 by respondent no.1 and his wife on my whatsapp number. Furthermore, there were calls made by respondent no.1 to me from 18.06.2020 to 20.06.2020 from cell number 9925152222 which belongs to respondent no.1 being 3 to 4 in number and all the recordings were saved in my mobile number which was shared with the investigation officer of LCB, Anand during the inquiry."
"I further say that I am regretful and full of remorse and realize my serious misconduct and a big blunder that I have committed. I further say that I also realize that I have tried to interfere and prejudice in the due course of justice as also in the administration of justice, for which I tender my sincere unconditional apology to this Honourable Court. I further tender my sincere and unconditional apology and seek pardon of this Honourable Court for my behavior and conduct in the entire issue of Criminal Miscellaneous Application No. 8266/2020 and I most humbly request and urge this Honourable Court with folded hands and pray to it to kindly accept my unconditional apology and to pardon me by showing mercy. I further state that such a conduct or action will not be repeated for all times to come and thus, I most humbly request this Honourable Court to kindly be pleased to accept my sincere and unconditional apology and be merciful and pardon the respondent no.2."
6.4 On 17.12.2021, it was recorded that final hearing was concluded by the Court. However, attention was drawn of the Court by the learned amicus curiae and senior advocate that the report which was received 42 Downloaded on : Sat Feb 25 20:40:10 IST 2023 by the learned Judge of this Court would contain the details of the role of Rajesh Solanki and Niranjan Patel. It was submitted that there may be reason to consider to initiate proceedings against them also. The copies of the report was made available to learned advocate for the parties. It appears that it was found however that the statements were not recorded. On 23.12.2021, following order was passed, "It is informed to us that the investigating officer, is retiring on 31st December, 2021. The S.P, Anand, Shri Ajit Ranjan shall ensure that officer who may be required to take over the investigation of the rank of Dy. S.P., even if he is from city of Anand, shall be attached with the present officer so that there is continuity of inquiry/investigation.
For finding the truth, the investigating officer is at liberty to record the statement of any person and is also at liberty to adopt course of action in accordance with law for collecting material which may include obtaining of any detail from any mobile number, as deemed necessary. The manner and method of collecting evidence and reaching to the truth shall be decided by the officer in accordance with law. The statements whenever recorded, shall be video recorded. Any impediment noticed by the officer in executing the order shall be reported 43 Downloaded on : Sat Feb 25 20:40:10 IST 2023 to his court.
The further report to come to this court on 7.1.2022"
6.5 Thereafter, report dated 06.01.2022 was received from Assistant Superintendent of Police, Khambhat, Anand, which included statement of Gitaben Rajeshkumar Solanki, Vijaybhai Shah and Niranjan Patel. This was recorded by the Court in the order dated 13.01.2022.
6.6 The aforementioned report dated 06.01.2022 by the Assistant Superintendent of Police, Khambhat, Anand forms part of the record. It contained statements of (1) Niranjan Patel, Member of Legislative Assembly (2) Tofik Salimbhai Vhora (3) Alpeshbhai R. Patel (4) Vijaybhai Shah (5) Vignatriben Vijaybhai Shah (6) Nimeshbhai Patel.
6.7 Briefly stated summary is recorded by the author of the report about the statement of Member of Legislative Assembly. He stated that he knew Vignatriben Shah, who 44 Downloaded on : Sat Feb 25 20:40:10 IST 2023 was active worker of Congress party and therefore, he also knew her husband Vijaybhai. He stated that both had helped much to him for the last assembly election and they had cultivated homely relations. He referred to the allegation that somebody had phoned to Honourable High Court Judge in his name in relation to the proceedings of anticipatory bail filed by said Vijaybhai. However, the MLA disclaimed that he knew the caller of the phone or holder of the mobile number.
6.8 What Tofikbhai Vhora stated in his statement is that on 22.06.2020, some unknown person had come in the morning around 8.00 O'clock when Tofikbhai was at his shop. Said person asked mobile phone telling him that since there was no PCO and since he wanted to call somebody at Delhi, he asked for mobile of Tofik further stating that he would pay the charges. Tofik stated that since the said person requested thrice and looked bonafide, he was permitted to enter the shop and told to make phone. It 45 Downloaded on : Sat Feb 25 20:40:10 IST 2023 was stated by Tofikbhai that only now he knew that the said phone call was to the Honourable Judge of the High Court and that message was also sent from the said phone to the Honourable Judge of the High Court. It was claimed by Tofikbhai that he did not know anything more.
6.9 Alpeshbhai R. Patel stated that Nimeshbhai Patel had phoned him to tell him that his friend Rajeshbhai and whose friend was Vijaybhai and Vignatriben who wanted help. Thereafter, Rajeshbhai had telephoned Alpeshbhai on 16.06.2020. A meeting was held at the place of Rajeshbhai where he had gone. At that place, Rajeshbhai, his wife, one lady and one male person were present. Rajeshbhai introduced Vijaybhai and Vignatriben to state that Vignatriben was active political worker, was member of the District Panchayat and was also social worker. Thereafter, Vijaybhai and Vignatriben stated that they were facing three FIRs and that Member of Legislative Assembly Niranjanbhai Patel had instigated 46 Downloaded on : Sat Feb 25 20:40:10 IST 2023 filing of wrong FIR against them and in that relation, anticipatory bail application was filed in the High Court. It was stated to Alpeshbhai Patel as his statement goes by said Rajeshbhai that therefore, he should phone the Honourable High Court Judge, who had projected himself as Niranjanbhai Patel, Member of Legislative Assembly, Petlad and such phone should be made from the phone number of another person. Alpeshbhai stated that he was instructed that he should tell the Honourable High Court Judge in the name of Member of Legislative Assembly that those people should not be granted anticipatory bail. He stated that if you talk in this way to the Honourable Judge, he would get the anticipatory bail. It was then stated by said Alpeshbhai in his statement that Vignetriben gave details of the case from her mobile number 9825252222. Thereafter, Vijaybhai Shah had conveyed the number of Honourable High Court Judge, which Alpeshbhai was not able to recollect. He then stated that on 22.06.2020, he started from his house on his own Swift Car GJ-27C-47 Downloaded on : Sat Feb 25 20:40:10 IST 2023
8544 to go to Anand at Faiz Xerox Stationary Shop and by using the phone of the owner of the said shop, he had telephoned the Honourable Judge of the High Court and called the Honourable High Court Judge that he was Member of Legislative Assembly, Petlad and he wanted to talk as regards one case. Thereafter, the Honourable Judge stated that he cannot phone in such manner.
6.10 In the same way, summarising the statement of Vijay Shah, he stated that since his wife Vignatriben was member of Congress party, he knew Rajesh Solanki and his wife Gitaben Solanki since long. It was stated that when few days back they met both of them, they had talked about the complaint against him and regarding application made to the Director General of Police, Gandhinagar. Rajeshbhai stated that he had friend named Nimeshbhai whose friend is Alpeshbhai who can help out in the said matter. Therefore, they decided to meet at Rajeshbhai's house on the next day. On the next day, that is, 16.06.2020, Vijaybhai 48 Downloaded on : Sat Feb 25 20:40:10 IST 2023 and his wife Vignatriben came to Rajeshbhai's place. Alpeshbhai also came, he was introduced, it was stated.
Thereafter, they had talked regarding the complaints and anticipatory bail application. He remained in touch with Alpeshbhai even thereafter. He sent details of the case to Alpeshbhai. Alpeshbhai asked
about the details of car of Niranjanbhai, the MLA. Thereafter, it was stated by Vijaybhai that he knew through his wife that Alpeshbhai was arrested by police.
6.11 Vignatriben Shah, wife of Vijaybhai Shah stated that she knew Gitaben Solanki and her husband Rajeshbhai Solanki since they were together in the political party. On the same line, she gave details in her statement as was stated by her husband Vijaybhai. Rajeshbhai Solanki also stated the same about meeting Vijaybhai and his wife Vignatriben, Vignatriben and Gitaben Rajeshbhai Solanki having been working together as members of the political party, meeting of all at the place of Rajeshbhai, 49 Downloaded on : Sat Feb 25 20:40:10 IST 2023 etc. Statement of Gitaben was also on the same line.
6.12 Nimeshbhai Patel in his statement stated that he was friend of Rajeshbhai Solanki and Gitaben Solanki had been treating him as brother. He stated that he
had told Alpeshbhai on phone and asked him to help out Vijaybhai Shah and Vignatriben. He knew that a phone call was made to the Honourable Judge of High Court in the name of Member of Legislative Assembly Mr. Niranjan. The questionnaire was also asked to Vijaybhai Shah, which was recorded in the report dated 06.01.2022 along with summary of other statements highlighted above.
6.13 In the report made on the basis of the statements of the above persons, the Assistant Superintendent of Police, Khambhat, Ahmedabad drew following
conclusions, some of which are highlighted hereinbelow,
a) Alpeshbhai had telephoned the Honourable Judge of High Court on 22.06.2020 from the 50 Downloaded on : Sat Feb 25 20:40:10 IST 2023 mobile number of Tofikbhai, the duration of which was 45 seconds. Immediately thereafter, Alpeshbhai telephoned Vijaybhai on his phone no. 9925152222, which lasted for 2 minutes. Again Alpeshbhai telephoned Vijaybhai for 78 seconds.
b) The advocate of Vijaybhai phoned Vijaybhai on 22.06.2020 and asked about MLA Niranjanbhai. Soon thereafter, Vijaybhai telephoned Alpeshbhai in the noon.
Vijaybhai telephoned Alpeshbhai back thereafter. Alpeshbhai then talked with Rajeshbhai on phone for 50 seconds. All the above phones were in succession after the aforesaid phone by Alpeshbhai to Honourable Judge of High Court, which was, as stated above from the number of Tofikbhai.
c) Vijaybhai, Vignatriben, Rajeshbhai and Gitaben have accepted in their statement that they all had met at the house of
Rajeshbhai on 16.06.2020 around 11.00 AM and had discussed about the anticipatory bail proceedings pending against Vijaybhai. It 51 Downloaded on : Sat Feb 25 20:40:10 IST 2023 was suggested by the report making officer that this circumstance showed that the conspiracy was hatched at that time.
d) According to Alpeshbhai, he did not know MLA Niranjanbhai. According to him he did not know Vijaybhai and Vignatriben till they met at the place of Rajeshbhai.
e) Niranjanbhai Patel, Member of Legislative Assembly admitted in his
statement that he had only relations with Vijaybhai and Vignatriben. The call details given by Alpeshbhai and Vijaybhai stood confirmed in the contents of the affidavit of Alpeshbhai. However, the statement of Vijaybhai and Vignatriben stand inconsistent with the chronology of events. They both accepted that they had met Alpeshbhai for help.
f) Role of Rajeshbhai was to introduce Vijaybhai to Alpeshbhai. Alpeshbhai had good connections in the Government and police, it was suggested to Vijaybhai by Rajeshbhai. It was conveyed that therefore, 52 Downloaded on : Sat Feb 25 20:40:10 IST 2023 Alpeshbhai was in a position to help out.
g) Role of Nimeshbhai appears to be of facilitating help to be extended by Alpeshbhai to Vijaybhai and Vignatriben. It was upon the say of Nimeshbhai that
Alpeshbhai had gone to meet Vijaybhai and Vignatriben at the place of Rajeshbhai.
h) It was concluded that the phone call made to Honourable Judge of the High Court did not appear to be phone of Member of Legislative Assembly Mr. Niranjanbhai but it appeared that it was from the mobile of Tofikbhai by Alpeshbhai to the High Court Judge.
7.Unconditional apology tendered by the alleged contemner Alpesh Patel clearly and unequivocally pointed his guilt. He has though shown his remorse and regret for this serious misconduct and blunder. He was quite conscious that he was trying to interfere and prejudice in the due course of justice as also in the administration of justice.
53 Downloaded on : Sat Feb 25 20:40:10 IST 2023His unconditional apology to this Court and seeking pardon for his behavior and conduct in the entire issue of the Criminal Misc. Application No.8266 of 2020, in the opinion of this Court is unpardonable. Any liberal attitude on the part of the Court would not only be a travesty of justice, but also would have a tendency to embolden many such elements in the society. He has pleaded guilty and urged that at no stage of he would be indulging into this. Role of Alpesh Patel was not very simple nor was it out of his concerned for his friend, but it was essentially for gaining the benefit monetory and otherwise from Vijay Shah, who was keen to get the anticipatory bail in his favour. Not only he made a call from the number of Tofikbhai under the pretext that his phone was not working, he had shockingly attempted to implicate Mr.Niranjan Patel, who was an MLA. This unsuccessful attempt on the part of Alpesh Patel was by conniving with Vijay Arvindbhai Shah who was the direct beneficiary of the outcome of this entire nefarious design. The act, which prejudices 54 Downloaded on : Sat Feb 25 20:40:10 IST 2023 or interfere or intent to interfere with the due course of the judicial proceedings or an act which interferes or intent to interfere with the administration of justice would amount to criminal contempt within the meaning of section 2(c) of the Contempt of Courts Act, 1974. Mr.Alpesh Patel by his direct attempt to call the Hon'ble Justice has attempted to interfere with the due course of the judicial proceedings. He had an evil-design to rope-in Mr.Niranjan Patel and thereby needed to take an undue advantage, which clearly transpires from his affidavit before this Court that his phone call was at the instance of Vijay Shah, who was his guide and adviser, who asked him to make a call in the name of Mr.Niranjan Patel from STD PCO shop. Vijay Shah was one, who had given the mobile number of Hon'ble Justice Trivedi. Thereafter, on 22.06.2020 when the matter was to be heard, he had gone to the shop of Tofikbhai situated near the hospital of Dr.Mahendra Shah in the morning hours and had made a call to the Hon'ble Justice using a mobile phone of Tofikbhai, 55 Downloaded on : Sat Feb 25 20:40:10 IST 2023 where he had an audacity to introduce himself as Mr.Niranjan Patel, MLA, Petlad as was taught by Mr.Vijay Shah and he was rebuked on the other side of the phone by the learned Judge that he could not have made such a call. Yet he twice called and when the phone was not picked up, he has sent message that Criminal Misc. Application No.8266 of 2020 filed by Mr.Vijay Arvind Shah was fixed today i.e. 22.06.2020 and he should not be granted anticipatory bail. He returned the phone to Tofikbhai after deleting the call as well as the text message and when he intimated Mr.Vijay Arvind Shah, it was conveyed that he would be granted anticipatory bail. Mr.Vijay Arvind Shah had also intimated him of his dues for the work that he had done for him.
7.1 With an evil design of roping in Mr.Niranjan Patel, he had executed the plan of Vijay Shah of buying him the bail and a bad name to Mr.Niranjan Patel, the then MLA and the illegal consideration for himself.
56 Downloaded on : Sat Feb 25 20:40:10 IST 20238. The Apex Court in case of Hira Lal Dixit vs. State of Uttar Pradesh, reported in (1995) 1 SCR 677 was considering the apology to hold that it is a product of the second thought. It was first offered along with the justification and when it appeared to the contemner that this Court may not accept the apology when justification he wanted to withdraw the affidavit contending the first apology. Relevant paragraphs of the same are reproduced as under:
"3. All the respondents have been duly served. They have filed affidavits and have appeared before us by their respective advocates. The respondent, Sri Krishna Dutt Paliwal, the writer of the foreword, who was present in Court, made the following statement to the Court through his advocate, Sri Mohan Lal Saksena :-
"When I wrote the foreword I did not go through the whole manuscript. I was only told that it dealt with the working of the Transport Control. Now that my attention has been drawn to the passage objected to I am sorry that I wrote a foreword to the pamphlet and I offer my apology to the Court. I never knew that the pamphlet was intended for circulation and I was not a party to its circulation."57 Downloaded on : Sat Feb 25 20:40:10 IST 2023
One, Devendra Sharma, the General Manager of the Sainik Press, Agra, where the offending leaflet was printed, filed an affidavit on behalf of the respondent Press stating that at the time when the leaflet had been given to the Press for being printed he did not notice the paragraph in question, that his attention was drawn to it only after the service of the present Rule, that he was sorry that it had been printed in the Press and that he never had the slightest intention of committing any contempt of this Court. In his affidavit as well as through his advocate, Sri S. Sukla, the respondent Press represented by Devendra Sharma who was present in Court tendered an unqualified apology to the Court. In view of the statements made in Court by the advocates of these two respondents this Court accepts their apology and discharges the rule as against them and nothing further need be said about them.
4. Learned counsel appearing for the respondent, Hira Lal Dixit, strongly urged that the passage complained of could not possibly be capable of any derogatory meaning or implication and could not be regarded as constituting a contempt of Court. There are innumerable ways by which attempts can be made to hinder or obstruct the due course of administration of justice in Court. One type of such interference is to be found in cases where there is an act or publication which scandalises the Court itself.
58 Downloaded on : Sat Feb 25 20:40:10 IST 2023A situation of that type was considered by this Court in the case of Brahma Prakash Sharma and Others v. The State of Uttar Pradesh ([1953] S.C.R. 1169), and the principles governing a case of that type were discussed and laid down in the judgment of the Court. The present case does not fall within that category, for here there has been no scandalising of the Court itself. The question here is whether the offending passage is of such character and import or made in such circumstances as would tend to hinder or obstruct or interfere with the due course of administration of justice by the Court. To begin with, the leaflet was written by a person who was himself the petitioner in one of the writ petitions which were on the cause list for hearing. The actual timing of the publication of the leaflet is significant. It was circulated at a time when the appeal and the writ petitions including that of the respondent, Hira Lal Dixit, himself were posted on the cause list and the appeals, on the decision of which depended the fate of those numerous petitions, were being actually heard. The place of publication was also not without significance. It was distributed in the Court premises where a very large number of licences had foregathered. The fact of distribution of the leaflet in the Court premises was denied in the affidavit at this respondent but when a suggestion was made that evidence be recorded on this point the learned counsel appearing for him did not press for it and accepted the position that the leaflet was in 59 Downloaded on : Sat Feb 25 20:40:10 IST 2023 fact distributed in the Court premises. In the circumstances, the only other question that remains is as to what was the meaning and purpose of the offending passage in the leaflet.
5. Learned counsel for the respondent, Hira Lal Dixit, maintained that the passage in question was perfectly innocuous and only expressed a laudatory sentiment towards the Court and that such flattery could not possibly have the slightest effect on the minds of the Judges of this August tribunal. We do not think flattery was the sole or even the main object with which this passage was written or with which it was published at the time when the hearing of the appeals was in progress. It no doubt begins with a declaration of public faith in this Court but this is immediately followed by other words connected with the earlier words by the significant conjunction "but." The words that follow are to the effect that sources that are in the know say that the Government acts with partiality in the matter of appointment of those Judges as Ambassadors, Governors, High Commissioners, etc., who give judgments against the Government. The plain meaning of these words is that the Judges who decide against the Government do not get these high appointments. The necessary implication of these words is that the Judges who decide in favour of the Government are rewarded by the Government with these appointments. The attitude of the Government is 60 Downloaded on : Sat Feb 25 20:40:10 IST 2023 thus depicted surely with a purpose and that purpose cannot but be to raise in the minds of the reader a feeling that the Government, by holding out high hopes of future employment, encourages the Judges to give decisions in its favour. This insinuation is made manifest by the words that follow, namely, "this has so far not made any difference in the firmness and justice of the Hon'ble Judges." The linking up of these words with the proceeding words by the conjunction "but" brings into relief the real significance and true meaning of the earlier words. The passage read as a whole clearly amounts to this : "Government disfavours Judges who give decisions against it but favours those Judges with high appointments who decide in its favour : that although this is calculated to tempt Judges to give judgments in favour of the Government it has so far not made any difference in the firmness and justice of the Judges." The words "so far" are significant. What, we ask, was the purpose of writing this passage and what was the object of the distribution of the leaflet in the Court premises at a time when the Court was in the midst of hearing the appeals ? Surely, there was hidden in the offending passage a warning that although the Judges have "so far"
remained firm and resisted the temptation of deciding cases in favour of Government in expectation of getting high appointments, nevertheless, if they decide in favour of the Government on this occasion knowledgeable people will know that they had succumbed to the temptation 61 Downloaded on : Sat Feb 25 20:40:10 IST 2023 and had given judgment in favour of the Government in expectation of future reward in the shape of high appointments of the kind mentioned in the passage. The object of writing this paragraph and particularly of publishing it at the time it was actually done was quite clearly to affect the minds of the Judges and to deflect them from the strict performance of their duties. The offending passage and the time and place of its publication certainly tended to hinder or obstruct the due administration of justice and is a contempt of Court.
6.These is another aspect of the matter. Even if the passage about the Judges were not in the leaflet the rest would still amount to a serious contempt of Court. There is in it a strong denunciation of the State of Uttar Pradesh, a party to the appeal and the petitions, regarding the very matters then under the consideration of this Court. It was not fair comment on the proceedings but an attempt to prejudice the Court against the State and to stir up public feeling on the very question then pending for decision. The manner in which the leaflets were distributed, the language used in them and the timing of their publication could only have had one object, namely, to try and influence the Judges in favour of the petitioner and the others who were in the same position as himself. This again is a clear contempt of this Court.
62 Downloaded on : Sat Feb 25 20:40:10 IST 20237. It is well established, as was said by this Court in Brahma Prakash Sharma and Others v. The State of Uttar Pradesh (supra), that it is not necessary that there should in fact be an actual interference with the course of administration of justice but that it is enough if the offending publication is likely or if it tends in any way to interfere with the proper administration of law. Such insinuations as are implicit in the passage in question are derogatory to the dignity of the Court and are calculated to undermine the confidence of the people in the integrity of the Judges. Whether the passage is read as fulsome flattery of the Judges of this Court or is read as containing the insinuations mentioned above or the rest of the leaflet which contains an attack on a party to the pending proceedings is taken separately it is equally contemptuous of the Court in that the object of writing it and the time and place of its publication were, or were calculated, to deflect the Court from performing its strict duty, either by flattery or by a veiled threat or warning or by creating prejudice in its mind against the State. We are, therefore, clearly of opinion and we hold that the respondent, Hira Lal Dixit, by writing the leaflet and in particular the passage in question and by publishing it at the time and place he did has committed a gross contempt of this Court and the qualified apology contained in his affidavit and repeated by him through his counsel cannot be taken as sufficient amends for his misconduct.
63 Downloaded on : Sat Feb 25 20:40:10 IST 20238.It should no doubt be constantly borne in mind that the summary jurisdiction exercised by superior Courts in punishing contempt of their authority exists for the purpose of preventing interference with the course of justice and for maintaining the authority of law as is administered in the Court and thereby affording protection to public interest in the purity of the administration of justice. This is certainly an extra- ordinary power which must be sparingly exercised but where the public interest demands it, the Court will not shrink from exercising it and imposing punishment even by way of imprisonment, in cases where a mere fine may not be adequate.
9.After anxious consideration we have come to the conclusion that in all the circumstances of this case it is a fit case where the power of the Court should be exercised and that it is necessary to impose the punishment of imprisonment. People must know that they cannot with impunity hinder or obstruct or attempt to hinder or obstruct the due course of administration of justice. We, therefore, find respondent, Hira Lal Dixit, guilty of contempt of Court, make the Rule absolute as against him and direct that he be arrested and committed to civil prison to undergo simple imprisonment for a fortnight. He must also pay the costs, if any, incurred by the Union of India."
64 Downloaded on : Sat Feb 25 20:40:10 IST 20239. It is, thus, quite clear that the apology is never permitted to be used as a tool of defence. If at all the wisdom downs upon a person, the apology should be tendered unreservedly and unconditionally before the judge indicates the trend of his mind.
10. We also consider the apology tendered by the contemner as bereft of any grace since it was offered with justification and also offered at a belated stage as the Apex Court says "An apology certainly has this virtue that it minimises the gravity of the offence committed by the contemner, but it does not wholly absolve him of the guilt."
11. In case of Debabrata Bandopadhyay & Ors. v. The State of West Bengal & Anr., reported in AIR 1969 SC 189, the Court has held that a person who offers a belated apology runs the risk that it may not be accepted for such an apology hardly shows the contrition which is the essence of the purging of a contempt. The Court held that a question 65 Downloaded on : Sat Feb 25 20:40:10 IST 2023 whether there is contempt of court or not is a serious one. The court is both the accuser as well as the judge of the accusation. "It behaves the court to act with as great circumspection as possible making all allowances for errors of judgment and difficulties arising from inveterate practices in courts and tribunals. It is only when a clear case of contumacious conduct not explainable otherwise, arises, that the condemner must be punished. It must be realised that our system of courts often results in delay of one kind or another. The remedy for it is reform and punishment departmentally. Punishment under the law of Contempt is called for when the lapse is deliberate and in disregard of one's duty and in defiance of authority. To take action in an unclear case is to make the law of contempt do duty for other measures and is not to be encouraged."
12. Here is a case where neither the remedy of reform nor punishment departmentally can be contemplated. It is a clear case of contumacious conduct and it is unfailingly to be held that the contemnor must be punished. The lapse is so deliberate and disregard and defiance of authority is so robust that the action of both Vijay Arvind Shah and Alpesh Patel shall need to result into holding them guilty of criminal contempt.
66 Downloaded on : Sat Feb 25 20:40:10 IST 202313. Thus, the Apex Court in case of Dinabandhu Sahu vs. State of Orissa, reported in (1972) 4 SCC 761 also again was dealing with the apology. The Apex Court remind it that it is no part of the judicial function to be vindictive or allowing in personal or other considerations to enter in the discharge of its functions. The Apex Court also executed the apologies to be accepted when there was a readiness and willingness for tendering the same.
14. In our opinion, the apology is accepted in a case like this, it would be little the authority of law and would also question the power of the Court to sustain the rule of law.
15. Section 2(c) of the Contempt of Courts Act, 1974 defines the criminal contempt as follow:
2(c). "criminal contempt" means the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing 67 Downloaded on : Sat Feb 25 20:40:10 IST 2023 of any other act whatsoever which-
(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or
(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or
(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner;
16. Being conscious that every abuse of the process of the Court may not amount to the contempt of Court, but those which are meant and calculated to seriously hamper the due course of judicial proceedings or the orderly administration of justice cannot but beheld as the contempt of court. It becomes a must to punish as a contempt, a course of conduct "which abuses and makes a mockery of judicial process and which thus extends its pernicious influence beyond the parties to the action and affects the interest of the public in the administration of justice. The public have an interest, an abiding and a real interest, and a vital stake in the effective and orderly administration of justice, because, unless justice is so administered, there is the peril of all rights and liberties perishing. The Court has the duty of protecting the interest of the public in the due administration of justice and, so, 68 Downloaded on : Sat Feb 25 20:40:10 IST 2023 it is entrusted with the power to commit for contempt of court, not in order to protect the dignity of the court against insult or injury as the expression "Contempt of Court" may seem to suggest, but, to protect and to vindicate the right of the public that the administration of justice shall not be prevented, prejudiced, obstructed or interfered with. "It is a mode of vindicating the majesty of law, in its active manifestation against obstruction and outrage." The law should be seen to sit by limply, while those who defy it go free,and those who seek its protection lose hope."
16.1 In Halsbury's Laws of England there is a discussion of an abuse of process of the court and as to when the same can be punished as contempt.
"38. Abuse of process in general.- The COurt has power to punish as contempt any misuse of the courts' process. Thus, the forging or altering of court documents and other deceits of like kind are punishable as serious contempts. Similarly deceiving the court or the court's officers by deliberately suppressing a fact, or giving false facts, may be a punishable contempt.
Certain acts of a lesser nature may also constitute an abuse of process as, for instance, initiating or carrying on proceedings which are wanting in bona fides or which are frivolous, vexatious, or oppressive. In such cases the court has extensive alternative powers to prevent an abuse of its process by striking out or staying proceedings or by prohibiting the taking of further proceedings without leave. Where the court, or its inherent 69 Downloaded on : Sat Feb 25 20:40:10 IST 2023 jurisdiction, can give an adequate remedy, it will not in general punish the abuse as a contempt of court. On the other hand, where an irregularity or misuse of process amounts to an offence against justice, extending its influence beyond the parties to the action, it may be punished as a contempt."
17. As can be noticed from the chronology of events, the alleged contemner initiated the designed by having a meeting and by making a phone call, which nobody could ever dare to do under the false name, what can be concluded from the action of the contemner that each one had designed to circumvent and defeat the magisty of law.
18. We are satisfied that the entire plan could surely amount to the abuse of process of Court with a designed calculation to obstruct the course of juridical proceedings and administration of justice. And therefore, it needs to be held criminal contempt of court.As also has emerged from the overall circumstances substantiated by documentary evidence and as reflected in the order referred to hereinabove, this can be concluded as an ill-motivated and ill- designed motion to get the order of anticipatory bail by Mr. Vijay Shah by implicating Mr.Niranjan Patel, who was his rival by misleading the Court. This unsuccessful effort on the part of the applicant Mr.Vijay Shah was in collusion with Mr.Alpesh Patel. They both have, thus, rendered themselves liable for committing Contempt Court. Both the persons attempted to prejudice and interfere with the due course of 70 Downloaded on : Sat Feb 25 20:40:10 IST 2023 judicial proceedings. The attempt on the part of Mr.Alpesh Patel at the instance of Mr.Vijay Shah was to interfere with the judicial proceedings and administration of justice and ingredients of section 2(C) of the criminal contempt are duly satisfied. The stream of justice delivery system need to be kept clean and can never be allowed to be polluted at the hands of any criminal. All attempts must be curbed with heavy hands. The person, who attempt to trap others was trapped in his own net. This ill-motivated design was to gain sympathy of the Court for getting anticipatory bail and this unpardonable conduct was to receive the matching response. No litigant is permitted to obstruct or hinder the process of judicial delivery as the rule of law being the foundation of democratic society and the judiciary being the guardian, this would amount to tarnishing the image of judiciary and this contemptuous behaviour of the litigant would also amount to shaking the faith of common man. This attempt to curry favour by shaking the very edifice shall need to be dealt with heavily. This Court is entrusted with extraordinary powers under Article 215 of the Constitution of India for punishing with Contempt of Court who indulge in undermining the authority and scandalizing the Court.
19. We are of the firm belief that for maintenance of independence of the judiciary and to upkeep the faith of public in justice delivery system, we must not allow the contemner to escape by merely tendering the apology with impunity as their conduct and the 71 Downloaded on : Sat Feb 25 20:40:10 IST 2023 deliberate attempts cannot wiped off so easily, tt would warrant a substantive punishment.
19.1 The tendency of maligning the reputation of judicial officer by disgruntled elements who fail to secure the desired order as held by the Apex Court in case of MB Sanghi, Advocate vs. High Court of Punjab and Haryana., reported in (1991) 3 SCC 600 is ever on the increase and it is high time it is nipped in the bud. "When there is a deliberate attempt to scandalise which would shake the confidence of the litigating public in the system, the damage caused is not only to the reputation of the concerned judge but also to be fair name of the judiciary. Veiled threats, abrasive behaviour, use of disrespectful language and at times bla- tant condemnatory attacks like the present one are often designedly employed with a view to taming a judge into submission to secure a desired order. Such cases raise larger issues touching the independence of not only the concerned judge but the entire institution. The foundation of our system which is based on the independence and impartiality of those who man it will be shaken if disparaging and derogatory remarks are made against the Presiding Judicial Officers with impunity. It is high time that we realise that the much cherished judicial independence has to be protected not only from the executive or the legislature but also from those who are an integral part of the system. An independent judiciary is of vital importance to any free society. Judicial independence was not achieved overnight. Since we have inherited this concept from the British, it would not be out of place to mention the struggle strong- willed judges like Sir Edward Coke, Chief Justice of the Common Pleas, and many others had to put up with the Crown as well as the Parliament at considerable personal 72 Downloaded on : Sat Feb 25 20:40:10 IST 2023 risk."
20. For the forgoing discussion, we hold Mr.Vijay Shah and Mr. Alpesh Patel guilty of criminal contempt. They shall be heard for the punishment. The Court in exercise of powers conferred upon it under Article 215 of the Constitution of India and section 15 of the Contempt of Courts Act, 1971, holds the Respondent contemnor guilty of committing criminal contempt of this Court within the meaning of section 2(c)(i) of the Contempt of Courts Act, 1971.
Operative Order for Sentence:
21. We have before us both the contemners Mr.Vijay Shah in person and Mr.Alpesh Patel, who has sought permission to remain present through the video conference. He is at District Court, Anand, due to his personal reasons and hence, he has been permitted to appear through there.
22. We have heard the learned senior advocate, Mr.Mihir Thakore assisted by the learned advocate, Mr.Chapaneri for contemner No.1 and learned advocate, Mr.Vaibhav Sheth for contemner No.2.
23. It is urged before us by the learned senior advocate, Mr.Thakore that the punishment itself will act as a deterrence, the contemners may not be sent to the jail.He urged fervently that the Court may chose to award the punishment of fine alone. He has also reiterated that the punishment awarded can be remitted on apology being made to the satisfaction of the 73 Downloaded on : Sat Feb 25 20:40:10 IST 2023 Court.
24. On having both the sides and considering the nature of contempt, which is clearly for maligning the judicial administration and system of justice delivery as detailed in the body of the judgment, we are not inclined to accept the apology. So as to ensure that such elements are not emboldened in the future, awarding merely the fine also may not suffice.
25. We are convinced that the conduct of the contemner is so reprehensible and unpalatable warranting condemnation by imposition of the sentence.
26. We direct the punishment till the rising of the Court to both the contemnors at respective places and the fine of Rs.2000/- each. Both of them shall also pay the cost of Rs.1,00,000/- (Rupees One Lakh Only) which shall be sent to the welfare of the family of the prisoners by the Registry. The amount of cost is permitted to be paid with the Registry of this Court within a period of one week. If not done, legal consequence shall follow. The DLSA, Anand shall ensure that till 05:00pm Mr.Alpesh Patel shall undergo the punishment. The Court Master, Mr.Gajjar shall also ensure the same for Mr.Vijay Shah.
27. With these directions, present application stands disposed of.
(SONIA GOKANI, CJ) (N.V.ANJARIA, J) M.M.MIRZA 74 Downloaded on : Sat Feb 25 20:40:10 IST 2023