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(4) Sant Ram urged in his reply dated 21st March, 1975 that his complaint under Section 219 of the Indian Penal Code was bona fide and it carried true statements of facts calling for enquiry and action ; that the revocation or amendment of the earlier notice amounted to his discharge and the Court had no jurisdiction to proceed with the same matter again, that the contemplated action could not be taken in view of Section 6 and the proviso to Section 10 of the Act, that he had expesed the fraud committed by a bogus money-lender named Ram Prakash, who had obtained fraudulent decree to the tune of 5 lac rupees, but no action was taken, that he did not mean to be disrespectful to the Hon'ble Judge of this Court otherwise he would have made a similar compplaint under Section 219 Indian Penal Code . against them also and that quite honestly and bona fide and with no other intention he had given vent to his suppressed feelings in a passing way just to draw the attention of the Hon'ble Chief Justice to be more vigilant and careful in keeping the temple of justice as much clean as possible ; that having no intent to insult or make uncalled for remarks he begged apology if his letter had hurt or was taken as contempt of this Hon'ble Court ; that still, if an enquiry was held in Camera on the complaint in question and the respondent was not threatened with action be might divulge more serious things which he could not do openly in his own interest and that of the public and the court ; that he had been making such bona fide complaints since 1969 and he had been further supported in his bona fide belief when he read the article. "Cancerious growth of corruption in Judiciary" in Journal part of A.I.R. 1969 ; that the articles published in 'Crusader' left an impression that all was not well in the judiciary that the words contained his complaint meant to be dealt with administratively were not that had and the special interest shown in this matter created doubt as to the bona fide of the action contemplated and was discrimination of its own kind. It was urged by the respondent further that his earlier complaint of corruption against Shri B. B. Gupta stood fully proved when this Court set aside his judgment and decree in Civil-Revision No. 487 of 1972 as being contrary to law and that the judgment of Shri Sagar Chand Jain had been challenged in Civil Revision No. 459 of 1974 which was still pending in this Court. He desired that the said files be sent for and perused.

(8) The impugned communication does not bear any date. It was received in the Registry by post on 16th August, 1974. Its contents are as follows : "TOThe Hon'ble Chief Justice Delhi High Court, Delhi High Court Vs. Sant Ram (D.B.) Sub :-Complaint U/s 219 Indian Penal Code . and Section 5 of Act Ii of 1947 against Sri Sagar Chand Jain, Judge Small Causes Delhi. Sir, Respectfully I have to complain against the above named judicial officer for his criminal misconduct and offences U/s 219 Indian Penal Code . On 3-8-74 the above named Sri Sagar Chand Jain Judge Small Causes passed a judgment and decree quite contrary to Law (Section 219 IPC) and conducting himself in a manner in which even a man of ordinary intellect or prudance cannot even imagine or think. Suit No. 1062/ 74 Ram Narain and others Vs. Satya Wati was remanded back by Hon'ble Sri S. Rangarajan to be decided on the point of Section 10 CPC. The same was fixed for arguments on 31.7.74 before the said Judge. The accused Judge intentionally and deliberately suppressed all the material facts and evidence on record tendered for the purpose of Section 10 CPC. Because there was ample evidence and material on record to decide the point as noticed by the Hon'ble Judge Sri Rangarajan and that is why it was remanded back. Had there been nothing on record this Hon'ble Court would have dismissed the contention and the revision itself. But as there was sufficient ground even for this court to stay the suit but in order to get a decision of the lower court which was intentionally and dishonestly omitted by the predecessor Shri B. B. Gupta. This court maliciously and corruptly ignored those points on record and gave a perverse judgment to mislead the Higher authorities in a very deceptive and criminal way. So much so to kill two birds with one stone i.e. etc. take revenge and support Shri B. B. Gupta and in addition to have the hands greased, this accused judge even contemptuously ignored the High Court order restoring the dismissed suit to file in C.M. (M) 15/170 Ex. Dw I/A Satya Wati Vs. Jaspal Singh and Ram Narain etc. The said order Ex. Dw I/A by Hon'ble Sri Tatachari J, was itself sufficient proof to prove that the said suit No. 145/69 is to the effect of seeking declaration that the opposition party Sri Ram Narain etc. are not entitled to recover any rent after 2-7-68 and onwards. Needless to say that even in Preliminary objections specifically taken in the W.S. and making a statement on oath had no effect on the criminal prejudicial corrupt and dishonest mind specially when all this evidence was not rebutted or denied in any manner by the landlord plff. In fact, it is never needed 5 before a corrupt mind to take all such steps on record to justify him to give a corrupt judgment contrary to law. Only he is to be bribed. Bribe plus prejudice to take revenge and help another Brother Judge are sufficient grounds for the- said accused to go ahead with illegal and contrary to law orders. This will be borne out also by the fact that the judicial officer in Delhi feels- very much brave and emboldened when no action against them is taken by any officer of Vigilence or the Chief Justice or the Governor of Delhi. After such emboldment vulture pounced upon their feed furiously and keep all the- material over the shelf (Sab kuchh balai taaq rakh dia). This evil has been crept even into your own High Court. Also and some Senior Judges of your Hon'ble Court are not above- Board and are very much corrupt and malici. ous mind and mostly guilty of criminal mis-conduct (Section 5 of Act Ii 1947). Though there- are most foolish and duffer judges also in the lower court even but when this quality contaminates the High Court it shocks the common man. If an enquiry is made then the applicant assure to bring such material to the notice your Honour as to shake the conscience of your Lordship. After all some one is to come for. ward with courage to eradicate the evil as Sr. Jai Prakash Narain is rightly on the path and has caused the present Govt. to rise from slumber and the present raid are evidence of the effect of his campaign launched in Bihar. The lengthy judgment is a big fraud and is- nothing but a hoax and the criminal Judge: deserves to be punished. It is therefore respectfully prayed that the case be taken up before the vigilance committee in which Sri Rangarajan should also be present and then it should be thoroughly gone into and action taken U/s 219 Indian Penal Code . read with Section 5 of Act Ii of 1947. One such action, will) make others at least on their guard not to behave in Kingly manner as "Empire unto them- selves" to maintain the Majesty of Law and; dignity of court of justice. I may also be given a hearing in this matter - if taken up by the Vigilance Committee. Yours faithfully,. (Sant Ram) (9) According to Sant Ram, as will appear from the underlined portions of the letter, Shri B.B. Gupta "intentionally and dishonestly' omitted to decide the issue regarding applicability of Section 10 of the Civil Procedure Code and Shri Sagar Chand Jain intentionally and deliberately suppressed all the material facts and the evidence tendered for the purpose of section 10 CPC. Sim Jain's Court, he says, maliciously and corruptly ignored the points on record and gave a perverse judgment to -mislead the higher authorities in a very deceptive and criminal way. It is insinuated that Shri Jain made his judgment to take revenge and support Shri B. B. Gupta and in addition to have the hands greased' and he committed contempt by ignoring the High Court's order and restoring the dismissed suit. Shri Jain is said to have harboured 'criminal prejudice' and to have a 'corrupt and dishonest mind'. It is further remarked that Shri Gupta is capable of passing orders which are illegal and contrary to law if he is bribed and has a mind to take revenge and to help a brother Judge. Further more there is an allegation that the judicial officers in Delhi have been emboldened due to no action having been taken against them by any officer of the Vigilence Department or the Chief Justice or the Governor of Delhi and they have been compared with vultures. The evil (noticed in connection with the judicial officers) is said to have crept into the High Court itself and some of the Senior Judges of this Court' are said to be `not above Board and 'to be very much corrupt' and having 'malicious -minds' and 'mostly guilty of criminal misconduct' punishable under Section 5 of the .Prevention of Corruption Act. It is stated -that though there are foolish and duffer judges ;in the lower courts also but the common man is shocked when he finds this quality contaminating in the High Court even.

(12) It goes without saying that the Chief Justice of the High Court of Delhi did not have the authority to accord sanction for the prosecution of Shri Jain under Section 197 referred to above and there was no question of any court entertaining a complaint for the trial of Shri Jain on the charge levelled against him without such sanction. Sant Ram did not provide, as a matter of fact, tangible details of any offence to which Section 219 of the Indian Penal Code or Section 5of the Prevention of Corruption Act could be attracted. It was not stated that bribe was paid to Shri Jain or who paid it and what was the date or time of the payment. It was not disclosed again why Shri Jain was motivated to wreak vengeance Ob Satya Wati and what Delhi High Court Vs. Sant Ram (D.B.) favor he intended to confer on Shri B. B. Gupta by passing a decree for Rs. 368.00 to the advantage of Ram Narain and more than half a dozen other persons. There is nothing unusual about a higher court remanding a case to the lower court for the decision of an issue which has remained undisposed of and the judgment of the High Court did not attribute any misconduct in its order of remand to Shri B. B. Gupta. The imputations embodied in the so called complaint are patently scandalous and malicious and it is impossible to find even a trace of good faith in them.