Trying To Threaten Judges With Contempt: MP High Court Dismisses Plea Seeking Contempt Proceedings Against Trial Judge
While dealing with a plea seeking Contempt Proceedings against a Trial Judge, the Madhya Pradesh High Court has held that trying to threaten judges with petitions for contempt is not going to be accepted.
"We do not appreciate that every wrong order passed by the trial court is to be brought under contempt and the concerned judge has to be proceeded against. Trying to threaten the judges with petitions for contempt, in our considered view, is not going to be accepted.", the Bench of Chief Justice Ravi Malimath and Justice Vishal Mishra observed.
Counsel Vishal Vincent Rajendra Daniel appearing for petitioners had contended that the Trial Judge had violated the Order passed by the High Court.
The High Court observed that "On considering the contentions, we are of the considered view that no contempt would arise in this matter. There is no specific order directing the trial court not to summon the witnesses or anything of the like nature. This Court after setting aside the order dated 10.05.2022 which is an order under Section 311 of the Cr.P.C., directed the CJM to decide the matter afresh after granting opportunity. 'Afresh' necessarily means from the beginning. Opportunity has already been granted. Therefore, we do not find any willful disobedience as pleaded by the petitioners."
The Court observed that even assuming the case of the petitioners is to be accepted of certain misapplication of the law, that does not amount to contempt.
The Court further added "One has to show that the disobedience is willful to the orders passed by the superior courts. If there is any scope for any interpretation in the directions being issued then that cannot constitute a contempt. In the instant case, the impugned order therein was set aside with a direction to consider the matter afresh. Therefore, the trial court has to consider the matter afresh. As to how that amounts to contempt, we are unable to follow."
The Court deprecated the attitude of petitioners in making reckless allegations against the trial judge.
"…we are of the view that this is nothing but a pure adventurism by the petitioners in making such reckless allegations against the trial judge. We deprecate such attitude. We do not appreciate that every wrong order passed by the trial court is to be brought under contempt and the concerned judge has to be proceeded against.", the Court noted.
Accordingly, the Contempt petition was dismissed.
Cause Title- Majid Beg & Ors. v. Tej Pratap Singh