TMI Blog2011 (5) TMI 1154X X X X Extracts X X X X X X X X Extracts X X X X ..... dance with law. 2. In response to this show-cause notice, Shri B.K. Sharma had filed a response affidavit dated 22nd March, 2011 on behalf of Kalyaneshwari as well as himself. This is a very short affidavit of seven paragraphs in which the Petitioner has rendered his unconditional apology and prayed before this Court not to initiate proceedings under the Contempt of Courts Act, 1971. He further prayed to discharge the notice of contempt and drop proceedings for imposition of cost and revocation of license and registration of the NGO Kalayneshwari. Relevant portion of the said affidavit reads as under: 2. THAT deponent herein tenders his unconditional apology to this Hon'ble Court with folded hands concerning all actions in respect of which this Hon'ble Court has been pleased to issue Show Cause Notice as to why proceedings under the Contempt of Courts Act, 1971 be not initiated against the Petitioner and the deponent herein and further as to why exemplary costs be not imposed upon them and their license be not cancelled/revoked. 3. THAT deponent herein unconditionally withdraws each and every averment and allegation made by the Petitioner in respect of the judgment of the H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stration of justice is permitted to be crudely hampered with immunity by the persons involved in the process of litigation or otherwise. An apology which lacks bona fides and is intended to truncate the process of law with the ulterior motive of escaping the likely consequences of such flagrant violation of the orders of the Court and disrespect to the administration of justice cannot be accepted. In the case of Prem Surana v. Additional Munsif and Judicial Magistrate (2002) 6 SCC 722 this Court sternly reprimanded a contemner who had slapped the Presiding Officer in open court and held that the slap on the face of the judicial officer is in fact a slap on the face of the justice delivery system in the country and as such question of acceptance of any apology or an undertaking does not and cannot arise, neither can there be any question of any leniency as regards the sentence. 7. The rule of law has to be maintained whatever be the consequences. The 'welfare of people' is the supreme law and this enunciates adequately the ideal of 'law'. This could only be achieved when justice is administered lawfully, judiciously, without any fear and without being hampered or thr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not as an exception, we would in fact be virtually issuing a licence to scandalize courts and commit contempt of court with impunity.... 13. Making of scandalous allegations against the judicial system always needs to be discouraged. Moreover, invoking the extraordinary jurisdiction of the constitutional Courts allegedly in the name of public interest and using it as a platform for lowering the dignity of the institution of justice is an act which besides being contemptuous also is undesirable. This Court, in the case of M.B. Sanghi Advocate v. High Court of Punjab and Haryana (1991) 3 SCC 600, has cautioned against the growing tendency of maligning the reputation of judicial officers by disgruntled elements who fail to secure desired orders. While observing that it was high time that such tendency is to be nipped in the bud, this Court said, such causes raise larger issues touching the independence of not only the concerned Judge, but the entire institution.... It is high time that we realize 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. 14. We have refe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... factual matrix, filed Writ Petition No. 260 of 2004 before this Court and tried to brush aside the judgment of the Gujarat High Court stating, Gujarat High Court had failed to apply its mind . Besides making such irresponsible statement against the judgment of a constitutional Court, Shri B.K. Sharma miserably failed to explain and clarify as to why the present petition was filed in face of the judgment of this Court in the case of Consumer Education and Research Center(supra). 19. Shri B.K. Sharma even went to the extent of filing incorrect affidavits before this Court and the Court was compelled to pass an order on 27th August, 2010 directing him to explain his conduct in reference to the observations made by the Gujarat High Court in the said judgment. 20. It was argued before the Court, by several of the Respondents, on different occasions that the whole purpose of filing the present writ petition was to secure a ban on mining and manufacture of asbestos which would inevitably result in increase in the demand of cast and ductile iron products as they are a suitable substitute for asbestos. It was, thus, argued that the petition before the Gujarat High Court as well as this pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... system as well as prejudicially affected the rights of other private parties. (b) The contemners have withheld material facts from the Court which were in their personal knowledge. While withholding such material facts, they have also persisted upon filing petitions after petitions in the name of public interest with somewhat similar relief's. (c) The contemner, B.K. Sharma, has made irresponsible remarks and statements against the Gujarat High Court without any justifiable cause in law. (d) The public interest litigation [Writ Petition (C) No. 260 of 2004] instituted by the contemner lacks bona fide and, in fact, was instituted at the behest of a rival industrial group which was interested in banning of the activity of mining and manufacturing of asbestos and its products by obtaining certain orders and directions from this Court. A definite attempt was made by the contemners to secure a ban on these activities with ultimate intention of increasing the demand of cast and ductile iron products as it has come on record that they are some of the suitable substitutes for asbestos. Thus, it was litigation initiated with ulterior motive of causing industrial imbalance and financial ..... X X X X Extracts X X X X X X X X Extracts X X X X
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