Court No. - 23 Case :- SERVICE SINGLE No. - 1925 of 1999 Petitioner :- Nand Lal Jaiswal Respondent :- State Of U.P. Through Secretary Energy Dept. Petitioner Counsel :- Manish Kumar,Aseem Chandra,Vikas Singh Respondent Counsel :- C.S.C.,N.K.Pandey,P.Chandra Hon'ble Shabihul Hasnain,J.
This case was taken up out of turn on the request of the Chief
Standing Counsel. In fact there is application moved by the
Chief Standing Counsel for dismissal of the case. When the
case was taken up, the petitioner, who appears in person
started addressing in shouting manner, at which the Court
told him that he will be heard when the Court permits him.
The Court asked the Chief Standing Counsel as to what
application has been moved because the case has been listed
for orders on his application. It is established procedure that
when the case is taken up on an application, the applicant has
to be heard first. Before the Chief Standing Counsel could
finish, this man started shouting again saying that there is
scam of thousands of crores of rupees, in which the Chief
Minister is involved, The court tried to stop him telling him
that your turn will come only when the Court understands the
basic facts about the matter.
Earlier also about ten minutes ago, when another case was
being taken up, this man rushed to the dais and started saying
that he wanted to be heard. There is big scam and he wants to
expose it. He was told to keep quiet and was reminded that
this is not a platform for public debate
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and he cannot be allowed to raise his voice like this and
address the Court as if he is addressing a rally. Just now the
Court warned him t hat if tried to interrupt the judicial
proceedings, he can be taken into custody for interfering into
the judicial work. He said that the Court may do so whatever
it likes. He recited that “Aur Aap Mujhe custody mein lena
chahte ho to lele, aap mujhe chahein to jail bhej dein.”
The Court has been scandalised, whereby the Court is left in
no position to continue with the judicial proceedings and
dispense with justice. If such elements appearing in person
are allowed to shout like this in the Court, the dignity and
majesty of the Court will be shattered and the Court would
become a public platform. Therefore, the Court is left with no
option except to take this man into custody to prevent him
from disrupting into the proceedings of the Court. Put up this
case at 2.00 p.m.
When the case was taken up after recess the petitioner
apologized and stated that he did not mean to shout at the
court or to create any ruckus and hindrance in the judicial
proceedings. He has apologized that he will never do
anything in future which lowers the majesty of the court in
the eyes of general public. On his apology, the court
condones his actions. He is ordered to be released from the
custody.
Mr. D.K. Upadhyay the learned Chief Standing Counsel has
stated that he has moved an application for dismissal of the
case as the petition was filed in the year 1999 against a
transfer order. Meanwhile there have been so many
developments and one of them is that he has been
compulsorily retired. The transfer order was stayed by this
court and in the SLP the order was vacated. He further
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informs that a criminal contempt is already proceeding
against the petitioner and it is necessary for adjudication of
that contempt that this petition may be dismissed
expeditiously.
The petitioner submitted that no copy of any application
moved by the opposite parties have been received by him. At
this Mr. D.K. Upadhyay has handed over a copy of the
application to the petitioner before the court which has been
received by him. He is allowed a week’s time to file any
reply, if he so chooses.
List this case on 21.1.2010.
Order Date :- 11.1.2010
Om.