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2015 (10) TMI 2815 - SC - Indian LawsSeeking to transfer of the investigation arising out of I-CR. No. 149/2011 registered on the basis of FIR lodged by Mr. K.D. Panth at Ghatlodia Police Station, Ahmedabad, (Rural) - proceedings for contempt Under Article 129 of the Constitution read with Contempt of Courts Act - HELD THAT:- It cannot be said that the Petitioner has come to this Court with clean hands. Firstly the Petitioner kept quiet for a period of 9 years as to the factum of meeting dated 27.2.2002. Then he was exchanging e-mails for ascertaining the time and presence of the persons at Ahmedabad. In case he was present in the meeting it was not required of him to ascertain those facts. Petitioner did not state fact of meeting dated 27.2.2002 in statement recorded by SIT in 2009. The explanation offered by the Petitioner for said omission that his statement was recorded in the year 2011 before SIT Under Section 161 Code of Criminal Procedure as such he made all disclosures. The SIT was same, having same powers all the time. Petitioner is a senior IPS officer thus the explanation of the Petitioner does not appear to be prima facie credible. No case is made out to constitute SIT. No doubt about it "be you ever so high the law is above you" is a well accepted principle but in the instant case the conduct of the Petitioner cannot be said to be above board. Neither it can be said that he has come to the court with clean hands. Petitioner was a high ranking officer but he too cannot be said to be above law. He must undergo the investigation as envisaged by law in case he has committed the offences in question. Coming to question whether criminal contempt proceedings to be initiated, as prayed, learned senior Counsel appearing for Petitioner has heavily relied upon e-mail exchanges filed by Petitioner allegedly from e-mail account of the then AAG with respect to which offence CR. No. 3148/2011 Under Section 66 of the IT Act has been registered. The allegation against Petitioner is of hacking of account and tampering with e-mails with respect to which an FIR has been filed, without meaning to deciding the correctness of the e-mails they are being looked into only for the purpose whether criminal contempt of the Court has been committed. The e-mail exchange between the then AAG and other functionaries tantamounts to causing prejudice or amounts to substantial interference in any other manner in due course of justice. It is not the case of scandalizing the court or in any manner affecting fair decision of the court or undermining the majesty of the Court/people's confidence in the administration of justice or bringing or tending to bring the court into disrepute or disrespect which tantamount to criminal contempt Under Section 2(c)(iii) of the Contempt of Courts Act. Petition dismissed.
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