Balraj Sharma vs A.K.Angurana & Ors.

R. P. Sethi, J.—After being found guilty of civil contempt of the Court, the respondentcontemner, Khurshid Ahmed Ganai, the Director of

School Education, Jammu, was directed to address arguments regarding the sentence to be awarded upon conviction by the Court vide order

dated 13.5.1992. He appeared in the Court on 20.5.1992 and submitted unconditional apology, stating :

That without putting up any defence whatsoever to the allegations of contempt and the findings returned by this Hon'ble Court on the same, the

applicant submits his unconditional and unqualified apology and places himself at the mercy of this Hon'ble Court and prays for forgiveness. The

applicant respectfully submits that he has always held this Hon'ble Court in the highest esteem. The applicant assures the Hon'ble Court that he will

do whatever is within his power to ensure the speediest implementation of the judgment of this Hon'ble Court.

In the meantime Court direction issued in SWP No. 227/90 dated 11.5.1991 has admittedly been complied with and grandson of the deceased

Smt. Melo Devi granted pension vide Order No : PNRAJ/PE/33/9192/189294 dt. 10.7.1992.

It has been argued at length that in view of the fact that Court directions have been complied with and the respondent Mr. Gani, has taken all

steps for the implementation of the Court order, he should not be awarded any punishment particularly when he has shown repentance and

tendered unconditional apology placing himself at the mercy of the Court. It has been noticed with concern by all the Courts, including the apex

Court, that a tendency of noncompliance with the Court directions has multiplied necessitating stern action for its curbing. However, the weapon of

contempt of Court is resorted to with pain and in rare circumstances for the maintenance of confidence of the common man in the rule of law and

dignity of the Court. The purpose of initiating contempt proceedings is primarily to see that the Court directions are implemented and the initiation

of such proceedings is not a retributive. Tendering of apology after conviction cannot ordinarily be accepted for declaring a person of having

purged the contempt. However, as the object of law is not retributive, its glory can be maintained by showing and establishing the authority of the

institution. Normally a person convicted of Contempt of Court is required to be punished and sentenced, yet, there may be exonerating

circumstances requiring no further action in the form of punishment and sentence. The Courts are expected and have normally acted with great

circumspection making all allowance for error of judgment and the defects arising from invertrate practices and the procedure followed and in

vogue in the bureaucratic setup of this country.

It is acknowledged that courts have open heart, gracious head and clear vision without having illwill against any officer or individual, unlike the

bureaucrats who have been proved to be narrowminded, selfish and self centred. The purpose of the contempt proceedings having been achieved

the Court while awarding the punishment has to determine the conduct and persistence attitude of the contemner before passing an order of

punishment. Keeping in view the postconviction conduct of the respondentcontemner which has been minutely gone into by me in the official files,

his young age and future career, his unconditional apology tendered at the earliest and being persuaded by the judgments of the apex Court and

various other High Courts reported in AIR 1991 SC 311, AIR 1969 SC 189, AIR 1957 MP 152, AIR 1953 Orissa 249, AIR 1969 Patna 70,

AIR 1951 Cal 507 and AIR 1953 Cal 53, I have decided in my discretion not to sentence the respondentcontemner in this case. I, however,

express my extreme displeasure upon his conduct prior to his conviction and warn him to be careful in future with the hope that he will not permit

the repetition of such a conduct in future and realising the magnonimity of law, would learn a lesson for his life to show greatest respect and honour

to the Court directions as and when issued in the cases to be dealt with and decided by him.