0704 04 Contempt of Court Case: Charan Lal Sahu Vs Union of India
CASE NAME: Charan Lal Sahu Vs Union of India
PETITIONER: Charan Lal Sahu RESPONDENT: Union of India
BENCH: Rangnath
Misra KN Singh (J)
CITATION: 1988
AIR 107, 1988 SCR (1) 441
ACT INCLUDE: Contempt of Court Act, 1971
FACTS:
Lawyer Charanlal Sahu was an
experienced Supreme Court lawyer.
Charanlal Sahu had filed a writ petition
under Article 32 of the Constitution in the Supreme Court.
He has alleged this at one
place in the writ petition. "Thus the function of the judge is a cocktail
based on Western common law and American techniques, because the function of
the judge is unproductive and outdated according to the socio-economic
conditions of the country."
The petitioner states that, "This
court has become a constitutional liability without checking the illegal acts
of the government, thus the people for whom the Constitution is intended have
now turned against it, who are disillusioned with the fear that justice is the
will."
At another place the
petitioner has said that this Court is sleeping like Kumbhakarna on the issues.
JUDGEMENT:
The Supreme Court prima facie
opined that the petition is framed with the intention of contempt of court and
therefore the petitioner is guilty of contempt. Writ Petition is negligently
framed. In many places the statements are meaningless. In many other places
they are contradictory. The allegations are frivolous, and many irrelevant
facts are presented in the petition to increase its size.
The petition has been made
with the intention of the petitioner to cast aspersions on the institution.
While withdrawing the petition, the petitioner has held himself as one
blameless person and all others including the social institutions are guilty.
We are surprised that a practicing and experienced lawyer in this court should
behave so irresponsibly. Accordingly, the writ petition is dismissed.
The writ petition is likely
to tarnish the reputation of the court as the highest judicial institution. The
petitioner has certainly crossed the limit of self-restraint in a Public
Interest Litigation. It therefore directs the Registry to take appropriate
proceedings for contempt and a notice is issued to the petitioner on 09
November 1987 calling upon him personally to show cause why he should not be
prosecuted under the Contempt of Court Act.
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