MAJOR R. S. MURGAI (RETD.) v. MAJOR P. N. KAUSHIK (RETD.) & ORS.

**A** ## • 936 MAJOR R. S. MURGA! (RETD.) _v._ MAJOR P. N. KAUSHIK (RETD.) & ORS. _October_ 12, 1979 [S. MURTAZA FAZAL ALI AND A. P. SEN, JJ.] _Contempt_ _of_ _Court Act,_ _s._ _2(c)-Written_ _submissions_ _filed_ _by one_ _of_ _the_ _**parties pursuant to the directions**_ _**of**_ _**the· court after the Judgment was reserv ..**_ _**ed. If private comniunication tending**_ _**to**_ _**interfere**_ _**lVith**_ _**the due course**_ _**of justice.**_ **C** **When** **one** **of** **the** **partiCs** **to a case** **pursuant** **to** **the** **directions** **of** **the court,** **makes written submissions after the** **Judgment** **was** **reserved,** **such submissions** ca.nnot be cilled private communication to the Judge. They cannot be &aid **to have prejudiced, interfered with** **or** **tepded** **to interfere with the** **due** **course** of justi"' within the meaning of s. 2(c) (ii) of the Contempt of Court Act. These submissions formed part of the record. [937 B-D] **D** In the instant case in his counter affidavit filed after the Judgment wao **reserved** **the** **.respondent** **stated** **that** **he** **was** **filing the** **Statements** **pursuant** **to** the directions of !he Company Judge. The High Court was justified in de,. **clining to** **issue** **a notice for contempt** **against** **the** **respondents.** **[937 A·E]** CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 427 of 1978. From the Judgment and Order dated 17-10-1978 of the Delhi High Court in Criminal Contempt Petition No. 7 /78. _Appellant in person._ _K. N. Bhat_ for Respondent No. 1 _R._ _P._ _Bhatt,_ _R. B. Datar_ and _Girish Chandra_ for Respondent 2. _P._ _G. Gokhale, B. R. Aggarwal, Jenendra'Lal and M._ _S._ _Diwan_ for Respondent No. 3. **G** 'The Judgment of the Court was delivered by F AZAL ALI, J. 'This is an appeal against an order passed by the Delhi High Court refusing to initiate contempt proceedings against the respondents. It appears that a contempt matter was pending before a Single Judge, Delhi High Court which was heard at length and the judgment was reserved on the 9th December, 1977. The judgment **H** was actually deliwred on 28-4-1978 and in between these two dates certain written submissions were made by the respondents to the Court which the appellant describes in his petition as private communications / ###, .... , #### _,. .... ~ ######,.._ ##### • r R. s. :M:tlRGAI _v._ p, N. KAUSHIK _(Fazal Ali,_ _J.)_ 937 to the Company Judge. The respondent P. N. Kaushik in para 36 of the counter-affidavit has made a specific allegation, that at the time <Jf reserving the judgment the Company Judge had directed the parties to submit their written submissions regarding the points at issue before the judgment is deHvered. The submissions in question were submitted on various dates i.e. 12-12-77 by Major Kaushik, 23-1-78 and 15-2-78 by the Director-G1meral of Resettlement. As these submissions were 'made in pursuance. of the order of the Court, they cannot be held to be private communications to the Company Judge in order to decide the case. As these docnments were filed before the Court under the directions of the Court itself, it cannot be said by an stretch of imagi. nation that these documents prejudiced, interfered or tended to interfere with the due course of justice within the meaning of Section 2(c) (ii) and therefore, would not constitute criminal contempt within the meaning of section 2 ( c) of the Contempt of Court Act. These submissions .form part of the record and, therefore, there is no ·question of their being regarded rui private communications from a litigant to a Judge. On the• contrary, the Director-General of Resettlement was appointed as the administrator by the Court itself and being an officer of the court, he was at liberty to make submissions to the court in respect c.f the case in question. The High. Court therefore was fully justified :in declining to issue any notice for contempt against the respondents on the submis~ions filed by .the appellant. We would :refrain from making any comment regarding the .merits of the appeal which the appellant has filed before the Division Bench against the order of the Comfany Judge dated 28th April, 1978, which we understand is pending hearing before the Division Bench. The appeal 'filed by the appellant in this Court is totally misconceived and is rejected. In the circumsl ances of this case, we make no order as to costs. P.B.R. _Appeal dismissed._ # • ##### c D E 'F