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IN THE HIGH COURT OF DELHI AT NEW DELHI
CONT. CAS(CRL) 2/2014
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Reserved on: 30th October, 2015
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Pronounced on:17th December, 2015
COURT ON ITS OWN MOTION
..... Petitioner
Through:
versus
SEEMA SAPRA
..... Respondent
Through:
Ms. Seema Sapra, respondent in
person
CORAM:
HON’BLE MR. JUSTICE VALMIKI J.MEHTA
HON’BLE MR. JUSTICE P.S. TEJI
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J
1.
A Division Bench of this Court vide its Order dated 6.5.2014
issued contempt notice to Ms. Seema Sapra, writ petitioner in W.P.(C)
No.1280/2012. This Order dated 6.5.2014 passed by the Division Bench
comprising of Hon’ble Mr. Justice S. Ravindra Bhat and Hon’ble Mr. Justice
Vibhu Bakhru reads as under:“Upon the Court assembling after lunch today, Ms. Seema
Sapra presented herself and accused one of us (Vibhu Bakhru,
J.) of corruption. Despite being cautioned, she persisted in
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leveling the same accusation. The context was constitution of
Bench of Hon’ble Dr. Justice S. Muralidhar and Hon’ble Mr.
Justice Vibhu Bakhru which according to Ms. Sapra was done
in an improper manner and, to use her own words,
‘deceptively’. The Court was of the opinion, and continuous to
maintain the said opinion, that the speech made by Ms. Seema
Sapra amounts to criminal contempt in the face of the Court and
is punishable under Section 14(1) of the Contempt of Court
Act, 1971. Accordingly, the Court required Ms.Seema Sapra to
be presented at 04.00 PM. She complied with this request.
Upon being informed that the Court wishes to proceed
against her, Ms. Sapra expressed the desire that this Bench
should not proceed with the matter and that she exercises her
option under Section 14(2) to have the matter heard by another
Bench. The Court hereby issues notice of contempt to Ms.
Seema Sapra who is present in Court.
In the light of the above, the following charge is hereby
framed:
That today (i.e. on 6.5.2014) at 02:30 PM, you Ms.
Seema Sapra have committed contempt on the face of the Court
which is punishable under Section 14(1) of the Contempt of
Courts Act, 1971 by stating that one of us (Vibhu Bakhru, J.) is
‘corrupt’ and has indulged in deceitful practice of sitting in a
Bench with Hon’ble Dr. Justice S. Muralidhar in an
unscheduled manner.
Ms. Seema Sapra was present when the above charge
was read out. The matter is directed to be listed before another
Bench of which neither of us is a member, subject to the orders
of the Hon’ble the Chief Justice, on 26th May, 2014.
All rights and contentions of the alleged contemnor Ms.
Seema Sapra are reserved.”
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2.
A reference to the Order dated 6.5.2014 shows that contempt
notice was issued to Ms. Seema Sapra (hereinafter referred to as ‘noticee’ or
‘contemnor’) because the noticee stated that Hon’ble Mr. Justice Vibhu
Bakhru is corrupt and has indulged in deceitful practice of sitting in a Bench
with Hon’ble Dr. Justice S. Muralidhar in an unscheduled manner.
3.
Before turning to the issue of contempt certain aspects with
respect to the main writ petition W.P.(C) No.1280/2012 filed by the noticee
have to be noticed. This writ petition, essentially in the nature of a Public
Interest Litigation, was filed by the noticee in the year 2012 and the same
was ultimately dismissed by this Court vide its Judgment dated 2.3.2015.
The last two paras 27 and 28 of the Judgment dated 2.3.2015 dismissing the
W.P.(C) No.1280/2012 read as under:“27.
In view of the above, this writ petition is a totally
frivolous and a mala fide petition, and it is also an abuse of the
process of the law. The present writ petition was never a genuine
PIL and it was only an action of a disgruntled employee who was
thrown out of her employment and such a petitioner/employee
through this PIL is seeking to take vendetta against her erstwhile
employer with whom she has enmity. By the time the judgment in
the case was reserved vide order dated 3.2.2015, volumes of the writ
petition had reached to number 35 ending at page nos. 12,440.
28.
In view of the above, the various orders passed by this
Court, and the wild and reckless allegations made by the petitioner
against all and sundry including Hon’ble Judges of this Court and
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the Supreme Court, the present is a classic case of abuse of PIL
process where the writ petition must be and is accordingly dismissed
with exemplary costs of Rs. 2 lacs to be deposited within 3 months
with the Delhi High Court Legal Aid Services Authority and
payment of which costs shall be a condition precedent for the
petitioner to initiate any fresh independent litigation on any of the
subject matters of the present proceedings. All pending applications
stand disposed of accordingly.”
4.
The Judgment dated 2.3.2015 in W.P.(C) No.1280/2012 shows
that the noticee caused the recusal of as many as 28 Judges of this Court
from hearing W.P.(C) No.1280/2012. This aspect is noted in para 7 of the
Judgment dated 2.3.2015. We are stating this fact because even in the
present contempt petition when we wanted to hear and dispose of the
contempt notice, the noticee on 30.10.2015 asked this Bench to recuse from
the matter.
Asking Benches to recuse is a habit for the noticee.
On
30.10.2015 we declined this prayer of the noticee, as we had also declined
the same prayer made for recusal of this Bench from hearing the main
W.P.(C) No.1280/2012. The Order dated 30.10.2015 records the
submissions of the noticee as also the request made for recusal of this Bench
and initial repeated refusals to argue the contempt petition. This Order dated
30.10.2015 reads as under:1.
On 6.8.2015, although there were no reasons for once
again allowing the stated contemnor to file the reply to the contempt
petition, yet, eight weeks time was again granted, but, this opportunity
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has not been utilized for filing of the reply. Earlier, orders had been
passed on 26.5.2014, 25.9.2014 and 10.11.2014 to file reply but still
reply was not filed and consequently last opportunity was granted by
the order dated 6.8.2015.
2.
It is noted that the grounds were taken during the hearings
in this petition of the year 2014 that the stated contemnor had
fractured her leg and therefore was seeking time to address arguments.
3.
It may also be noted that the main writ petition filed by
the petitioner being W.P.(C) No.1280/2012 already stands dismissed
by the judgment of this Court dated 2.3.2015.
4.
In view of the above, right of the stated contemnor Ms.
Seema Sapra to file the reply is closed. Ms. Seema Sapra is directed
to address arguments in the case.
5.
At this stage, Ms. Seema Sapra, the stated contemnor
states that this Court should recuse itself from the matter as this Court
had decided the main writ petition being W.P.(C) No.1280/2012 and
dismissed the same as arguments to be addressed by the stated
contemnor Ms. Seema Sapra in this petition would also turn on the
aspects of merits of the writ petition.
6.
In our opinion, once again the request of recusal is a
totally frivolous prayer and the same is rejected inasmuch as merits of
a decided writ petition has nothing to do with the order dated 6.5.2014
by which contempt was issued against the stated contemnor on
account of the respondent/stated contemnor stating that Hon’ble Mr.
Justice Vibhu Bakhru is corrupt. As already noted in the judgement
dated 2.3.2015 in the main writ petition such a prayer had caused
recusal of around 28 judges of the court from hearing the writ petition.
A similar request was also made to this Bench for not hearing the writ
petition and that prayer was rejected by us.
7.
Stated contemnor is again directed to commence
arguments in terms of the notice issued by the Division Bench of this
Court on 6.5.2014.
8.
The stated contemnor in spite of being repeatedly pointed
out that the limited issue before this Court is the contempt proceedings
against the contemnor in terms of the order dated 6.5.2014, however
the stated contemnor once again argues about the averments made by
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her in her writ petition being W.P.(C) No.1280/2012 and which have
no bearing on hearing of this contempt petition.
9.
For the last time, the stated contemnor is directed to
address arguments limited to the contempt notice issued in terms of
the order dated 6.5.2014 of the Division Bench of this Court.
10.
The stated contemnor Ms. Seema Sapra has thereafter
argued the following aspects:(i)
The stated contemnor has made a complaint in the year
2014 to the Chief Justice of India, Hon’ble Mr. Justice K.G.
Balakrishnan on the ground that Hon’ble Mr. Justice K.G.
Balakrishnan had made a statement to the press that persons can make
complaints against corruption of Judges.
(ii)
It is argued that no one can be a Judge in his own cause
and since the issue is of contempt proceedings arising out of a
complaint against a Judge of this Court on his being corrupt, i.e
Hon’ble Mr. Justice Vibhu Bakhru being corrupt, this Court cannot
hear the matter otherwise this Court will become a Judge in its own
cause. It is also argued that on 6.5.2014, the Bench of Hon’ble Mr.
Justice S. Ravindra Bhat and Hon’ble Mr. Justice Vibhu Bakhru i.e a
Bench which had as its member Hon’ble Mr. Justice Vibhu Bakhru
could not have issued the contempt notice on 6.5.2014.
(iii) It is argued that the main writ petition being W.P.(C)
No.1280/2012 was to be heard on 6.5.2014 by the Bench of Hon’ble
Dr. Justice S. Muralidhar and Hon’ble Mr. Justice Vibhu Bakhru and
therefore petitioner had gone to enquire from the Court of Hon’ble
Mr. Justice S. Ravindra Bhat and Hon’ble Mr. Justice Vibhu Bakhru
as to when the matter was to be taken up and it was informed to her
that the writ petition would be taken up by the Bench of Hon’ble Dr.
Justice S. Muralidhar and Hon’ble Mr. Justice Vibhu Bakhru after the
Bench of Hon’ble Mr. Justice S. Ravindra Bhat and Hon’ble Mr.
Justice Vibhu Bakhru completed their Board, however, the stated
contemnor found out subsequently that the Bench of Hon’ble Dr.
Justice S. Muralidhar and Hon’ble Mr. Justice Vibhu Bakhru without
assembling had adjourned the W.P.(C) No.1280/2012 to a long date.
It is argued that it is in the heat of the moment that the stated
contemnor did make the statement that Hon’ble Mr. Justice Vibhu
Bakhru was corrupt, and therefore such actions in the heat of the
moment could not be taken as contempt of the Court. It is argued by
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the stated contemnor that she regrets having made the statement made
on 6.5.2014 that Hon’ble Mr. Justice Vibhu Bakhru was corrupt.
(iv) Hon’ble Mr. Justice Vibhu Bakhru was not entitled to be
a part of the Bench for hearing W.P.(C) No.1280/2012 inasmuch as
Hon’ble Mr. Justice Vibhu Bakhru was a lawyer of General Electric
Company for different years and that in fact the stated contemnor
recollects that she had talked about the facts of the W.P.(C)
No.1280/2012 on various occasions with Hon’ble Mr. Justice Vibhu
Bakhru as a lawyer in the lobby of this Court.
(v) It is argued that the stated contemnor is being harassed by
the police who is seeking to poison her by releasing toxic gas and
even today police personnel were harassing her in Court.
11.
5.
Arguments heard.
Judgment reserved.”
It is clear that in spite of repeated opportunities given to the
noticee since the date when the contempt notice was issued to the noticee
vide Order dated 6.5.2014 for the noticee to file her reply to the contempt
notice, these opportunities were not utilized by the noticee as noted in para 1
of the Order dated 30.10.2015. Accordingly, the right of the noticee to file
reply to the contempt notice was closed by the said Order dated 30.10.2015.
6.
Para 10 of the Order dated 30.10.2015 summarizes the
arguments which have been urged on behalf of the noticee, and they are the
arguments which have to be dealt with by this Court to decide whether to
discharge the contempt notice or to hold the noticee guilty of contempt of
Court and pass consequential orders against the noticee.
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7(i)
The first argument urged on behalf the noticee was that the then
Chief Justice of India Hon’ble Mr. Justice K.G. Balakrishnan in the year
2014 had made a statement to the Press that persons can make complaints
against corruption of Judges, and therefore when the noticee said that
Hon’ble Mr. Justice Vibhu Bakhru was corrupt and indulged in deceitful
practice of sitting in a Bench with Hon’ble Dr. Justice S. Muralidhar in an
unscheduled manner, this stand/statement should not be taken as a
contemptuous act as the statement of the noticee is for pointing out
corruption and that too as per what was observed by the then Chief Justice of
India.
(ii)
This argument urged on behalf of the noticee is wholly
fallacious because surely a person can make a genuine grievance if a Judge
is found to be corrupt, and for this purpose the noticee need not take support
from the statement made by the then Hon’ble Chief Justice of India, the
issue however is that baseless and reckless allegations made of corruption
against the Judges do not justify the allegations made of corruption.
Corruption is a very serious charge against the Judge and the institution of
Court itself which scandalizes judiciary and interferes or tends to
substantially interfere with the due course of justice if the allegation of
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corruption is unsubstantiated, and in fact not even remotely established. Self
serving stands of corruption of Judges, and which have no valid basis,
cannot be a basis that because ‘corruption’ is alleged hence there is liberty to
make wild allegations of corruption against judges. The noticee has failed to
substantiate in any manner whatsoever the charge of corruption of Hon’ble
Mr. Justice Vibhu Bakhru and therefore, clearly the noticee is guilty of
contempt of Court.
The responsibility of the noticee is much higher
inasmuch as, the noticee is an Advocate who is well versed with the legal
procedures and the law. Advocates have higher duties than ordinary litigants
with respect to court procedures and contemptuous statements. Clearly,
therefore, the first argument urged on behalf of the noticee is without any
substance and is rejected.
8(i)
The second argument which was urged on behalf of the noticee
was that this Court cannot hear the contempt notice, inasmuch as Hon’ble
Mr. Justice Vibhu Bakhru is a Judge of this Court, and therefore, this Court
will become a Judge in its own cause.
(ii)
This argument urged on behalf of the noticee is also again
wholly misconceived because it is not the law that once there is a notice of
contempt on account of a totally false and contemptuous statement made by
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the noticee against one Judge, that other Benches of this Court cannot hear
the matter because it would amount to this Court becoming a Judge in its
own cause. The argument is too frivolous for this Court even to deal with
the same in a detailed manner. Suffice however to say that in fact when
contempt is in the face of the Court, the same Judge in whose face the
contempt is committed can himself/herself forthwith take notice and issue
orders of contempt against the person who is guilty of the contemptuous act
vide Leila David (6) Vs. State of Maharashtra, 2009 (10) SCC 337.
Legislature also has made this clear in the provision of Section 14 of the
Contempt of Courts Act, 1971 under which there is no bar from other
Benches of the same court from hearing a contempt notice. In fact, by virtue
of Section 18 of the Contempt of Courts Act, 1971 a case of criminal
contempt is to be heard by a Division Bench only when the criminal
contempt is one under Section 15 of the Act, and thus except in cases
covered by Section 15 of the Act a criminal contempt can in fact be heard
not only by a Single Judge but the same Single Judge in whose face the
contempt is committed. The second argument urged on behalf of the noticee
is therefore rejected.
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9(i)
The third argument urged on behalf of the noticee is essentially
that the Bench of Hon’ble Dr. Justice S. Muralidhar and Hon’ble Mr. Justice
Vibhu Bakhru on 6.5.2014 without assembling adjourned W.P.(C)
No.1280/2012 to a long date.
(ii)
Even for the sake of argument if we take what is argued on
behalf of the noticee in the third argument as correct, the same is not a
justification in any manner for calling Hon’ble Mr. Justice Vibhu Bakhru as
corrupt. We have called for the original file of W.P.(C) No.1280/2012 and it
is seen on 6.5.2014 that the Bench of Hon’be Dr. Justice S. Muralidhar and
Hon’ble Mr. Justice Vibhu Bakhru recused from the matter and listed the
matter just two days later viz on 8.5.2014, and clearly therefore, the noticee
is falsely arguing that a long date was given. These observations are made
by this Court, that factually long date was not given but even assuming if a
long date was given, the same is no justification for any litigant or an
Advocate to make wild and reckless allegations of a Judge being corrupt.
10.
The fourth justification/argument urged is that Hon’ble Mr.
Justice Vibhu Bakhru was not entitled to hear W.P.(C) No.1280/2012 on the
ground that Hon’ble Mr. Justice Vibhu Bakhru was a counsel for the
respondent no.1 company/M/s General Electric Company and its associated
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companies. Once again this argument is a totally baseless argument because
this stand has not been substantiated upon. Self serving averments made by
the noticee of her discussing the facts of W.P.(C) No.1280/2012 are only
convenient allegations and this Court completely disbelieves the same.
Obviously, the argument of noticee discussing the case with Hon’ble Mr.
Justice Vibhu Bakhru in the lobby of this Court have been made only to
somehow or the other wriggle out of the contempt notice issued by this
Court. This argument is also therefore rejected.
11(i)
The last argument urged by the noticee is that she is being
harassed by the police who is trying to poison her.
(ii)
This Court has really failed to understand as to how police
harassing the noticee and making of the allegations by her that she is sought
to be poisoned by the police, can in any manner justify noticee from calling
a Judge of this Court as corrupt. It is not a justification for a noticee to state
that she is calling a Judge of this Court corrupt without any basis
whatsoever, and that too simply because the police is allegedly harassing
her. In fact, even the charge that the police was harassing the noticee is a
wild and unsubstantiated charge against the police and a similar aspect has
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already been dealt with and rejected vide paras 25 and 26 of the Judgment
dated 2.3.2015 in W.P.(C) No.1280/2012 and these paras read as under:25(i)
The second and only other relief, and the second
aspect of the writ petition, is with respect to claim of the petitioner
for being provided security on the ground that she is a whistle
blower. Petitioner in different applications and in the writ petition
has claimed security and even Z+ security on account of averments
that there are threats to her life. What are the threats to the life of
the petitioner we have already reproduced above and which have
been noted in different orders passed by different Benches of this
Court. Suffice to say that the said/alleged threat to the petitioner’s
life is nothing but a figment of imagination of the petitioner. None
of the neighbours of the petitioner can be said to have tried to
poison the petitioner. None of the hospitals and the doctors
alleged by the petitioner have also ever tried to poison or kill the
petitioner. There is no basis whatsoever in the allegations against
Delhi police and some of its personnel trying to kill the petitioner
or harass the petitioner. All allegations made by the petitioner are
baseless and self-serving allegations which merit total and
complete rejection by this Court. In fact, petitioner is not a whistle
blower but is a disgruntled ex-employee of the respondent no.1 and
whose services were terminated prematurely and seeing the
conduct of the petitioner so far as this writ petition is concerned,
we are sure that G.E obviously would not have been able to
tolerate the employment of the petitioner with it.
(ii)
We would also like to note that issues of threat
perception and threat assessment are left to the requisite authorities
being the Delhi Police and the Ministry of Home Affairs and both
these authorities have filed affidavits in this Court that there is no
threat perception to the petitioner and we completely agree with the
stands taken by the Delhi Police. The relevant paras of the counteraffidavits of the Ministry of Home Affairs and Delhi Police read as
under:Para 1 of Counter Affidavit dated 14.1.2013 of Ministry of
Home Affairs
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In reply to para 1
“1.
REPLY TO PARA 1 AND 2:
and 2 it is humbly submitted by the respondent that provision
of security to the petitioner, is the responsibility of the State
Government/UT Administration concerned. The local police
may provide security, if, as per their local threat assessment,
such security is considered necessary.
Whereas it is
submitted that with regards to the provision of security to
whistle Blowers, the Government of India has authorized the
Central Vigilance Commission (CVC) as the designated
agency to receive written complaints for disclosure on any
allegation of corruption or misuse of office and recommend
appropriate action in respect of employees of the Central
Government or of any Corporation established under any
Central Act, Government Companies, societies or local
authorities owned or controlled by the Central Government.
It is further submitted that if CVC is of the opinion that the
complainants or the witnesses need protection, it shall issue
appropriate directions to the concerned Government
Authorities, i.e. Delhi Police, in the instant case. Similarly,
for her relocation to a safe house on security considerations, it
is for the CVC to take a view as to its necessity and give
appropriate directions to the Delhi Police. A copy of
Resolution No. 371/12/2002-AVD-III, dated 21.04.2004 and
CVC Office Order No. 33/5/2004 dated 17.05.2004 under file
No.004/VGL/26 and its enclosures, is annexed along with and
is marked as ANNEXURE A.”
Paras 42 and 43 of the counter affidavit dated 11.1.2013 of
Delhi Police
“42-43.
The contents of para 42-43 are denied
except which are specifically admitted hereinunder.
Without
commenting
upon
the
petitioners
apprehension of danger of her life it is submitted that
the answering respondent in strict adherence to the
order of this Hon’ble high court tried to extend police
protection to the petitioner, however on enquiry it was
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found that the petitioner had been evicted from the
tenanted premises at G-4, First Floor, Jungpura
Extension in pursuance of the Judgement/decree dated
27.5.2011 passed by the court of Ms. Neelam Singh,
ADJ-II, South, Saket Courts. It is submitted that
pursuant to the order of eviction, the owner of the
premises had filed an execution in which the bailiff
was appointed for taking over the possession of the
premises.When the bailiff tried to take the possession
the same was resisted by the petitioner leading to
seeking of police protection by the owner. The owner
and the bailiff were granted police assistance and the
possession of the premises was taken over on dated
30.5.2012. The copy of proceedings leading to
recovery of possession of the rented premises from
the petitioner are annexed herewith as ANNEXURER3/2 (Colly). It is submitted that after the possession
of the premises were taken over, the whereabouts of
the petitioner could not be ascertained despite
attempts being made through enquiry from various
bar Association offices. The copy of letter sent to bar
association offices are annexed herewith as
ANNEXURE-R3/3 (colly). The petitioner has lately
sent a complaint through mail to the commissioner of
Police regarding grievance of parking at the Indian
Habitat Centre. The complaint is being looked into
by the Concerned police station and a concerned
officer from the police station Lodhi Colony as tried
to contact the Petitioner but despite efforts the
petitioner couldn’t be contacted either due to her
unavailability at her room or due to her mobile being
switched off. However the concerned official has
given strict instructions to the security at the India
Habitat Centre and also to the Beat staff of the local
police to look after and secure the petitioner. The
copy of D.D. entry showing the visit by police official
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from Police Station Lodhi Colony are annexed
herewith as ANNEXURE-R3/4 (colly).
The complaints made till date by the petitioner to
the police have been duly enquired into and found
to be highly imaginative and/or an exaggerated
narration of fact which discloses no cause for
apprehension to either her life or person. The
allegation of being drugged/poisoned at the house
by the neighbour through holes in her tenanted
house were enquired and no such hole was found
to have existed. Further allegation of poising
through overhead water tank were also frivolous
in as much as there exist a single tank on the top
through which water is supplied to all the 3 floors
of the rented premises and no such problem was
informed by anyone living in the other floors of the
building. The petitioner had made numerous
complaints however nothing substantial was found
in the complaint despite enquiry/investigation by
the police officials. It is submitted that the
allegation of terrorization/intimidation by the
Delhi police are entirely false and frivolous. The
allegation of conspiracy by the police to isolate the
petitioner are also baseless and ill founded. The
allegation of being terrorized by alleged
harassment by the police are also baseless.”
(emphasis is mine)
26.
We completely agree with the stands taken up by the
Delhi Police and the Ministry of Home Affairs in this regard.
Petitioner in the guise of making allegations of threat to human life
has in fact caused misery, harassment and turmoil to innumerable
number of people including her neighbours, Delhi Police, doctors
and even advocates of this Court. Though it may not be relevant
for the purpose of disposal of this writ petition, it may be noted that
the petitioner who is an advocate has been restrained from going
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into the canteens of the lawyers of this Court because petitioner
kept on making allegations even against lawyers that lawyers were
trying to poison her. Petitioner therefore only has access to this
court as a lawyer for approaching the courts and not for using the
areas to which other advocates have access such as canteens etc.”
The last argument urged on behalf of the noticee is therefore rejected.
12.
Clearly therefore the action of the noticee in calling Hon’ble
Mr. Justice Vibhu Bakhru as corrupt is an act of criminal contempt of this
Court. The wholly unsubstantiated statement made against Hon’ble Mr.
Justice Vibhu Bakhru scandalizes or tends to scandalize this Court and also
lowers and tends to lower the authority of this Court. The contemptuous
statement prejudices or interferes or tends to interfere with the due course of
judicial proceedings inasmuch as the unsubstantiated contemptuous
statement has caused recusal of a Bench of this Court from hearing the
matter on 6.5.2015. Clearly, therefore, the noticee is guilty of contempt of
Court and this Court finds that her contemptuous statement is of such a
nature that it substantially interferes or tends to interfere with the due course
of justice.
13.
The question which now arises is that what should be the
punishment which should be imposed upon the contemnor. Also, in addition
to the punishment imposed upon the contemnor should other orders be also
passed by this Court against the contemnor.
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14.
It is no longer res integra that courts have powers in
appropriate cases to direct a litigant or an Advocate not to appear in Court
for arguing a case vide Re: Ajay Kumar Pandey, Advocate, (1998) 7 SCC
248 and R.K. Anand vs. Registrar, Delhi High Court, (2009) 8 SCC 106.
15.
The facts of this case show that the contemnor is not in any
manner contrite. Contemnor has been seeking to overawe different Benches
of this Court and has caused recusal of different Benches hearing the main
writ petition W.P.(C) No.1280/2012. After recusal by 28 Judges of this
Court the main writ petition was heard by this Court and dismissed in terms
of the Judgment dated 02.03.2015. Petitioner has continued in the same vein
even in these contempt proceedings as noted in the Order dated 30.10.2015.
As observed repeatedly by the Supreme Court the onus and duty upon an
Advocate is much more than an ordinary litigant when addressing a court of
law or using the judicial process. We are forced to remark that the
contemnor was incorrigible even during the hearings of this contempt
petition and this Court in fact had to close the right of the contemnor to file
reply to the show cause notice which was not filed over many hearings.
16.
In the facts of the present case therefore we hold the contemnor
Ms. Seema Sapra guilty of contempt of Court and we impose a punishment
on the contemnor of undergoing imprisonment for a period of one month.
Cont. Cas (Crl) No.2/2014
Page 18 of 19
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We also impose a fine of Rs.2,000/- upon the contemnor to be deposited
within a period of three months from today with the Registrar General of this
Court failing which the contemnor will undergo a further term of
imprisonment of one month. We further direct that the contemnor will not
be allowed to argue, whether as an Advocate or in person, except in her
defence, before any Bench of this High Court or any court or tribunal
subordinate to this High Court for a period of two years from today. A copy
of this judgment be sent to the Registry of this Court and to all subordinate
courts and tribunals. A copy of this judgment be also sent to the Delhi Bar
Council for information. Contempt notice is disposed of accordingly.
17.
We direct that the operative part of this judgment pertaining to
imposition of punishment will not operate for a period of three months from
today to enable the contemnor to take appropriate steps to exercise her legal
remedy.
VALMIKI J. MEHTA, J
DECEMBER 17, 2015
ib/godara
Cont. Cas (Crl) No.2/2014
P.S. TEJI, J
Page 19 of 19