ARUN PASWAN, S.I.versusSTATE OF BIHAR AND ORS.

A                            ARUN PASWAN, S.I.
                                       v.
                        ST A TE OF BIHAR AND ORS.

                             DECEMBER 12, 2003

B                  (S.N. VARIA VA AND H.K. SEMA, JJ.]

       Criminal Procedure Code, 1973-Sections 345 and 349-Contempt
  ofCourts Act, 1971-Proviso to Section JO-Slogan shouting and levelling
  abusive language against District and Sessions Judge and the Court by
C police officials outside the Court premises-Criminal contempt initiated by
  High Court against the contemners pursuant to complaint filed by District
  and Sessions Judge-Conviction ofthe contemners for criminal contempt-
  Correctness of-Held, on facts, the contemners are guilty of criminal
  contempt-Since the offence was not committed inside the Court, the
D District and Sessions Judge has rightly not taken action under section 345
  Cr.PC and the High Court had jurisdiction.

         A bail application was pending before complainant-District and
    Sessions Judge on account of non-production of case diary by appel-
    lant-contemnor. Th~ complainant directed the appellant to produce the
E   case diary on the next date of hearing. When the case diary .was not
    produced on the next date of hearing also, the complainant issued a
    show cause notice to the appellant for prosecution under section 349
    Cr.P.C. The appellant appeared before the complainant and produced
    an incomplete case diary. It was also found that the appellant was
F   present in the police station on the earlier dates of hearing and did not
    send the case diary to the complainant wantonly. The show cause by
    the appellant was rejected and the complainant directed the appellant
    to remain present till the rising of the Court and to file further show
    cause.

G        Thereafter, when the complainant was hearing another criminal
    matter in the Court, a group of persons in plain clothes and in police
    uniform started shouting abusive slogans outside the Court of the
    complainant. The complainant learnt from the members of the Bar
    Associations, judicial officers and employees of the Court that the
H   protects were being led by Policemen at the behest of the appellant;
                                       724
             ARUN PASWAN, S.I. v. STATE OF BIHAR                    725
that a conspiracy was hatched by the other appellants to create A
pand.emonium in the Court and criminally assault the complainant;
and that they were present in the court premises with their official
weapons for creating trouble and causing disruption of the court
proceedings. The complainant also stated that Deputy Inspector Gen-
eral of Police, after informing the complainant, lodged FIR against the B
complainant. The complainant lodged two complaints before High
Court about the action of the appellants.

     The High Court issued notices to the appellants for initiating
contempt proceedings against them. The High Court also directed the
Director General of Police and the Additional Director General of C
Police to make an enquiry and submit a Report. On the basis of the
Report, the High Court convicted the appellant-Sub-Inspectors to
undergo a sentence of two months imprisonment. Another appellant-
Deputy Superintendent of Police, was sentenced to pay a fine of Rs.
1000 and in default simple imprisonment for 15 days.                D
      In appeal to this Court, the appellant - Sub-Inspector contended
that he had not received any directions from the complainant to
produce the case diary before the Court; that pursuant to the show
cause notice, he had tendered apology which ought to have been
accepted by the complainant; that the appellant remained present E
inside the court throughout the day on the directions of the complain-
ant; and that he had no knowledge as to.who were the persons shouting
slogans against the complainant; that he had not played any role in the
whole episode. Another appellant-Deputy Superintendent of Police,
contended that he was sitting in his office at that point of time and that F
he had no knowledge as to what was happening in the civil court
premises; and that after coming to know of it he went to the spot and
pacified the officers. Other appellants - Sub-Inspectors contended that
there was breach of principles of natural justice since they were not
afforded an opportunity to cross-examine the witnesses; that their G
names were not mentioQed in the complaint; that they were not present
on the spot; and that the High Court is incompetent to initiate
contempt proceedings against the appellants under the proviso to
section 10 of the Contempt of Courts Act, 1971.

                                                                          H
    726               SUPREME COURT REPORTS [2003] SUPP. 6 S.C.R.

A         Dismissing the appeals, the Court

          HELD : 1.1. Before the Additional Director General of Police, the
    appellant had appeared and gave evidence. He admitted that he had
    written and lodged a First Information Report under Sections 343 and
    504 IPC and Sections 3 and 4 of the Scheduled Castes and Scheduled
B   Tribes (Prevention of Atrocities) Act against the complainant-District
    and Sessions Judge. It is unthinkable that appellant-sub-Inspector,
    who is a part and parcel of the administration of justice, could have
    filed an F.I.R. against the District and Sessions Judge for such offences.
    This itself disclosed the frame of the mind of the contemner towards
C   the judicial officers and judicial administration. [731-F-G)

          1.2 .. The appellant had stated that he made a request to the
    complainant District & Sessions Judge to permit him to go outside so
    that he could talk to the persons and pacify them. This would clearly
D   show that he was aware of the fact as to who were the persons who
    were shouting slogans against the Judge and this was b~cause of his
    detention which had provoked them to indulge in shouting slogans
    against the Judge. It is difficult to believe that the contemner remained
    present in the court room throughout the day even during the lunch
    recess. The District and Sessions Judge, in his subsequent report, had
E   categorically stated that during the lunch recess the contemner had
    gone outside and talked to the police officers, who had assembled there
    in connection with law and order meeting. He also stated that tl1e
    contemner incited the officers assembled there to retaliate against the
    judicial officers and the District and Sessions Judge, in particular. It
F   is, therefore, clear that the immediate reaction of the police officers in
    shouting slogans agai.nst the District and Sessions Judges and the
    judicial officers was because of the detention of the contemner, and
    without his meeting, the officers so assembled would not have known
    about his detention. There is a direct nexus between his detention and
G   the shouting of slogans and vandalism against the District and Sessions
    Judge and the judicial officers. The acts committed by the police
    officers were grossly contemptuous and beyond condonable limits.
    Hence, the High Court was right in rejecting the apology tendered by
    the appellants. (732-A-F)

H         2. The office of the SDM is situated just across the road where
              ARUN PASWAN, S.I. v. STATE OF BIHAR                     727

the Civil Court is situated. In such a situation, it is difficult to believe A
that the appellant Deputy Superintendant of Police, when sitting with
SDM, would not know as to what was happening in the adjacent
building. lt is hard to believe that all the junior police officers
assembled at that place had received information at about 2.45 p.m.
but the Deputy S.P. who is the senior police officer, would not know B
about the incident which would have enabled him to take precaution-
ary measures at appropriate time. The argument that the contemnor
had not received the information about the incident is therefore
inherently unbelievable and cannot be accepted. [733:-A-B; 733-F-G]

      3.1. It is factually incorrect with regard to non-disclosing of th~ C
names of the contemners in the complaint. In the subsequent complaint
by _the CO!ll_plainant, th_e names of the contemners were clearly men-
tioned. Regarding breach of principles of natural justice, both the
contemners appeared before the Additional Director General of Police
and gave their statements. It was open to them to cross-examine any D
witness deposed against them, which opportunity they did not avail.
Since the contemners have not availed of this opportunity before the
Enquiry Officer, the plea of non-observance of principles of natural
justice is not tenable. From the facts, it is clear that the two contemners
were present at the time of the incident and in fact they led the mob in E
shouting slogans in abusive language and vandalism against the Judge
and the judicial officers. It is, therefore, clear that these two officers set
up false defence to escape punishment. The fact that they put up false
defence is also clearly indicative of their presence at the spot and
 participation at the time of the incident. (734-C-D, 734-D-E; 735-C-D) F

     3.2. From a fascicule reading of Section 345 Cr.PC, it is clear that
offences under Section 175, 178, 179, 180 or 228 IPC would constitute
CQntempt only if they are committed in the view or presence of the
Court. Such offences per se do not amount to contempt. They are
contempt only if they are committed "in the view or presence of the G
Court", otherwise they remain offences under the IPC simpiiciter. In
the present case, the alleged slogan shouting and levelling abusive
language against the Judge took place outside the Court. Therefore,
the District and Sessions Judge rightly has not taken any action under
Section 345 CrPC and, therefore, the jurisdiction of the High Court H
    728                SUPREME COURT REPORTS [2003) SUPP. 6 S.C.R.
A would not be ousted. There would be no reason why the High Court
    should invoke its jurisdiction when the Court, against whom contempt
    is cominitted in the view or presence of the Court, can itself take action.
    Thus, the bar of jurisdiction of the High Court imposed only by proviso
    to Section 10 of the Contempt of Courts Act is not attracted in the cases
B   where the offences under Sections 178, 179, 180 and 228 IPC are not
    committed in the view or presence of the Court. (736-D-G)

          Bathina Ramakrishna Reddy v. State ofMadras, AIR (1952) SC 149
    and State of Madhya Pradesh v. Revashankar, AIR (1959) SC 102,
    distinguished.
c
         CRIMINAL APPELLATE JURISDICTION : Criminal Appeal Nos.
    473-474 of 2003.

          From the Judgment and Order dated 5.3:2003 of the Patna High Court
D in C.W.J.C. No. 1220/2002 alongwith M.J.C. No. 722 of 2002.
                                      WITH

          Crl. A. Nos. 668-669 and 678-679 of 2003.

E        Sushi.I Kumar, Jaspal Singh, Ranjit Kumar, Prabhash Kumar Yadav,
    Dr. Krishan Singh Chauhan, Sadanand Paswan, S.B. Upadhyay, Tufail A.
    Khan, Aditya Kumar Chaudhary, Sanjay Singh, Ugra Shankar Prasad,
    Sudarshan Pd. Manda!, B.B. Si~gh and Kumar Rajesh Singh for the
    appearing parties.
F
          The Judgment of the Court was delivered by

         SEMA, J. : These appeals are directed against the judgment and order
    dated 5.3.2003 passed by the Special Bench of High Court of Judicature
G   at Patna. By the aforesaid order, the Special Bench convicte~ the
    appellants S.l. Arun Paswan, S.I. Sakaldeo Yadav and S.I. Syed Ahmad
    Khan to undergo sentence of two months' simple imprisonment in CWJC
    No. 1220/2002 with ~JC No. 722/2002. The appellant - Sudarshan Prasad
    Manda!, Dy. Superintendent of Police was sentenced to pay a fine of Rs.
    1,000 and in default simple imprisonment for 15 days. Criminal Appeal
H   Nos. 473-474of2003 have been preferred by S.I. Arun Paswan, Criminal
         ARUN PASWAN, S.I. v. STATE OF BIHAR [SEMA, J.]                 729

 Appeal Nos. 668-669 of 2003 by S.I. Sakaldeo Yadav and S.I. Syed A
 Ahmad Khan and Criminal Appeal Nos. 678-679 of 2003 by Sudarshan
 Prasad Manda!, Dy. Superintendent of Police.

        We have heard Mr. Sushil Kumar, learned Senior Advocate on behalf
  of the appellant in Cr!. A. Nos. 473-474 of2003; Mr. Jaspal Singh, learned B
  Senior Advocate on behalf of appellants in Crl. A. Nos. 668-669 of 2003
. and Mr. Ranjit Kumar; learned Senior Advocate in Cr!. A. Nos. 678-679
  of 2003. We have also heard Mr. B.B. Singh, learned counsel for the
  respondent-State in all the appeals.

       We deem it not necessary to recite the genesis of the incident leading C
 to the filing of the complaint by the learned District & Sessions Judge,
 Sasaram. Suffice it to say that the criminal contempt has been initiated
 against the appellants herein pursuant to the complaint of 19th January,
 2002 lodged by the learned District and Sessions Judge, Sasaram addressed
 to the Registrar General of the High Court of Judicature at Patna. In the D
 report it is stated inter-alia that in the pending investigation of P.S. Case
 No. 200/2001 urider Sections 302 and 201/34 l.P.C. for which a bail
 application No. 1671/2001 was pending on account of non-production of
 case diary, the investigation officer - SJ. Arun Paswan (conternner) was
 directed to produce the case diary on 10.1.2002 on which date, on the E
 request of the public prosecutor, the case was adjourned to 16.1.2002 on
 the ground that the 1.0. had gone to Banka for giving evidence in a case
 and the case diary would be produced on the next date. But on 16.1.2002
 also, the case diary was not produced. The learned District & Sessions
 Judge; thereafter, issued a show cause notice to the 1.0. to appear
 personally before him as to why he should not be prosecuted under Section F
 349 Cr.P.C. On 19.1.2002, the contemner - 1.0. appeared before him and
 filed show cause. He produced the case diary, which was. found to be
 written only upto 28.11.2001. It was also found that the 1.0. was present
 at the police station on 9 .1.2002 till 7 .00 A.M. hut he did not send the case
 diary and, therefore, the shown cause was rejected. By order dated G
  19.1.2002, the learned District Judge directed the contemner to remain
 present in Court till the rising of the Court at 4.30 P.M. and to file further
 show cause. The complainant further stated that while he was hearing
 another criminal matter in the court after recess, a group of persons in plain
  clothes as also in police uniform were seen on the road in front of his court H
    730                 SUPREME COURT REPORTS [2003] SUPP. 6 S.C.R.

A room in the civil court premises and after some time they started raising
    abusive slogans against him. The learned District Judge stated that he was
    informed by his bodyguard, some of the senior members of bar associations
    and also by officers and employees of the civil court that the band of police
    officers was being led by Sudarshan Prasad Manda!, Dy. S.P. Sasaram; S.I.
B   Sakaldeo Yadav, posted at Police Lines Dehri; and SJ. Syed Ahmad Khan
    of Police Line Dehri. It is further stated in the complaint that the
    complainant learnt from the judicial officers, members of the bar and some
    of the officers of the executive that a meeting· was held in the chamber of
    the Dy. Superintendent of Police where the Superintendent of Police was
C   also present for creating pandemonium and to assault the District Judge.
    The aforesaid complaint was followed by another complaint dated
    22/23.1.2002. In the subsequent complaint, the complainant inter-alia
    categorically stated that he had received the information by the staff of the
    civil court and some of the advocates that the police officers of the District
    of Rohtas had assembled for a meeting for reviewing law and order
D   situation on the eve of Panchayat Elections to be held on the next day i.e.
    20.01.2002 and SJ. Arun Paswan, who was ordered to remain in the Court
    after rejection of his first show cause went out during the recess hours and
    asked them to come to the court premises and they were led by one Dy.
    S.P., Sasaram. They were raising slogans of "District Judge Murdabad,
E   Bhagalpur Dohrana Hai" and other abusive slogans. It is also stated that
    they were present in the court premises with their official arms with them
    for creating trouble and causing disruption in the court function. They also
    abused the presiding Judge raising slogans against the judiciary as also
    challenging its authority with an intent to criminally assaulting the District
F   Judge after hatching conspiracy. It is also stated in the complaint that Dy.
    S.P., Sasaram had held the meeting alongwith the participating officers of
    the police on 19.1.2002 in the chamber of the Dy.S.P. The civil court
    building, court room and chamber of the complainant ·were situated on the
    southern side of the G.T. Road and that of the S.D.M. and Dy. S.P. were
G   situated opposite to the civil court building, on the northern side of the G.T.   I.

    Road.

         He has also stated in the complaint that D.l.G. Shahabad Range called
    him up at 9.00 P.M. on 20.1.2002 and told him that F.l.R. was to be lodged
H   against him and actually the F.I..R. was received on 21.1.2002.
             ARUN PASWAN, S.I. v. STATE OF BIHAR [SEMA, J.]                 731

          On receipt of the complaint, a special Bench was constituted and A
     notices were issued to the contemners as to why contempt proceedings
     should not be initiated against them. The High Court also directed the
     Director General of Police and the Additional Director General of Police
     to appear before the Court. They were asked to file affidavit. The
     Additional Director General of Police made spot enquiry and submitted the B
     report on 27.1.2002 along with the affidavit. The High Court, after
     examining the fact finding report of the Additional Director General of
     Police and other material on record found the contemners guilty and
     recorded the sentence as above.

          The submissions of learned counsel for the appellants are all based C
     on denial of finding of facts, recorded by the Additional Director General
     of Police and accepted by the High Court, and are almost common in all
     except one legal submission made by Mr. Jaspal Singh, learned Senior
     counsel appearing for appellants in Crl. A. Nos. 668-669 of 2003, which
     we shall be dealing at an appropriate time.                                D
           It is argued-by Mr. Sushi! Kumar, learned Senior counsel on behalf
     of the appellant - S.I. Arun Paswan (Crl. A. Nos~ 473-474 of 2003) that
     he was the second LO. of the case and had not received any information
     to produce the case diary. It is argued that pursuant to the show cause
     notice he had tendered apology which ought to have been accepted. It is 'E
     further argued that the contemner was present inside the court room at the
     time when slogans in the abusive language were being shouted against the
     Judge and the judiciary outside the court and he had not played any role
     therein. At this stage, it is pertinent to dispose of this argument.
                                                                                  F
           Before the Additional Director General of Police, S.I. Arun Paswan
     had appeared and gave evidence. He admitted that he had written the F .LR.
     P.S. case No. 46/2002 lodged on 19.1.2002 under Sections 342/504 I.P.C.
     and Sections 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention
     of Atrocities) Act against tht: District and Sessions Judge. It is unthinkable G
     that S.I., who is a part and parcel of the administration of justice, could
     have filed an F.l.R. against the District and Sessions Judge for such
     offences. This itself disclosed the frame of the mind of the contemner
     towards the judicial officers and judicial administration.

          He has also stated that during the lunch break he did not go out as     B:
\.
    732                 SUPREME COURT REPORTS [2003] SUPP. 6 S.C.R.
A the District Judge had ordered him to remain present in Court till 4.30 P.M.
    It is the specific case of the contemner that he remained present in the court
    room throughout the day from 11 A.M. to 4.30 P.M. and he had no idea
    as to who were the persons shouting slogans against the Judge. He had
    also stated that he made a request to the District & Sessions Judge to permit
B   him to go out so that he could talk to the persons and pacify them. This
    would clearly show that he was aware of the fact as to who were the persons
    who were shouting slogans against the Judge and this was because of his
    detention which had provoked them to indulge in shouting slogans against
    the Judge. It is material on record that there was a lunch recess in court.      ..
C   It is difficult to believe tha~ the contemner remained present in the court
    room throughout the day even during the lunch recess. The learned District
    and Sessions Judge, in his subsequent report, had categorically stated that
    during the lunch recess the contemner had gone outside and talked to the
    police officers, who had assembled there in connection with law and order
    meeting. He also stated that the contemner incited the officers assembled
D   there to retaliate against the judicial officers and the District and Sessions
    Judge, in particular. It is, therefore, clear that the immediate reaction of
    the police officers in shouting slogans against the District and Sessions
    Judge and the judicial officers was because of the detention of the
    contemner, and without his meeting the officers so assembled they would
E   not have known about his detention. There is a direct nexus between his
    detention and the shouting of slogans and vandalism against the District
    and Sessions Judge and the judicial officers. We have already noticed the
    manner in which the contemners had conducted themselves as police
    officers. Such acts committed by the police officers were grossly
F   contemptuous and beyond condonable limits. In our view, therefore, the
    High Court was right in rejecting the apology tendered by them.

          Mr. Ranjit Kumar, learned Senior counsel appearing for appellant in
    Crl. A. No. 678-679/2003 strenuously urged that the contemner - Sudershan
                                                                                     ''
    Prasad Manda!, Dy. S.P. was not aware at first that such slogan snouting
G   had taken place at civil court premises and only after he came to know that
    he went to the spot and pacified the officers. This contention is belied by
    the facts of the case. It is admitted that on the said date the contemner
    was present in the SDM's office where a meeting was being held for
    review of law and order situation for the Panchayat elections, to be held
H   on the next day. It is the contention of Mr. Ranjit Kumar, learned Senior
        ARUN PASWAN, SJ. v. STATE OF BIHAR [SEMA, J.]                  733

counsel that at the particular time, the contemner was sitting in the SDM's A
office and he had no knowledge as to what was happening in the civi! court.
The fact of the case is that the office of the SDM is situated on the North
ofG.T. Road and the civil court is situated on the south of the G.T. Road,
i.e. to 5ay it was across the G.T. Road. In such a situation, it is difficult
to believe that the Dy. S.P., when sitting with the SDM, would not know B
as to what was happening in the adjacent building. This apart, Mr. Srikant
Kachhap, S.I., who was posted as Police Inspector-cum-In-charge of the
Police Station, Sasaram and was present in the meeting held in the offioe
of the SDM, had stated that he had received information at about 2.45 P.M.
that S.I. Arun Paswan, in-charge of the Police Station, Bikramganj had C
been detained in the court by the District and Sessions Judge and this
information .was also received by the junior inspectors and the Police
Inspector sitting with him in the meeting. He also stated that this
information was also within the knowledge of Dy. S.P. Manda!, but he did
not stop the.junior inspectors from going towards the court nor he went
to the court premises promptly. He further stated that had the Dy. S.P. D
Manda! stopped the officers from .going to the court premises or reached
 the court premises immediately thereafter, the unfortunate incident would
 have been averted. He further stated that the other junior inspectors, who
 had come to take part in the meeting, also moved towards the court. He
 further stated that he prevented all of them from doing so but they did not E
 pay any heed to him and moved towards the court. He categorically stated
 that at that time, the contemner - Sh. Sudarshan Prasad Manda!, Dy. S.P.,
 Sasaram was present in the office of the Sub Divisional Officer: It is hard
 to believe that all the junior police officers assembled at that place had
 received· information at about 2.45 P.M. but the Dy. S.P., who is the senior F
 police officer, Y.rould not know about the incident which would have
enabled him to take precautionary measures at appropriate time. The
argument that the contemner had not received the information about the
incident is, therefore, inherently unbelievable and cannot be accepted.

     Mr. Jaspal Singh, learned counsel appearing for the contemners in G
Cr!. A. Nos. 668-669 of 2003 strongly urged that there was breach of
principles of natural justice inasmuch as the contemners were not afforded
an opportunity of cross-examining the witnesses, who· had deposed against
them. He further submitted that the name of the contemners is not
mentioned in the complaint of the District and Sessions Judge. It is further H
    734                 SUPREME COURT REPORTS [2003] SUPP. 6 S.C.R.

A argued that the contemners - S.I. Sakaldeo Yadav and S.I. Syed Ahmad
    Khan were not at all present on the spot as they were at Dehri Police Lines
    at that particular time.

          It is further argued that the contempt proceedings initiated against the
B contemners by the High Court are incompetent and are hit by proviso to
    Section 10 of the Contempt of Courts Act, 1971 as according to him,
    Section 345, Crl. Procedure Code, 1973 empowers any civil, criminal or
    revenue court to punish summarily a person who is found guilty of
    committing any offence under Section 175, 178, 179, 180 or Section 228
    of the Penal Code in the view or presence of the court.
c         We are unable to accept the submissions made by the learned couns~I
    for the .appellants. With regard to non-disclosing of the names of the
    contemners in the complaint it is factually incorrect. In the subsequent
    complaint of 22/23.1.2002, the name of the contemners S.I. Sakaldeo
D   Yadav and S.I. Syed Ahmad Khan were clearly mentioned.

          Regarding breach of principles of natural justice - both the contemn-
    ers appeared before the Additional Director General of Police and gave
    their statements. It was open to them to cross-examine any witness deposed
    against them, which opportunity they did not avail. Since the contemners
E   have not availed of this. opportunity before the Enquiry Officer, the plea
    of non-observance of principles of natural justice is not .tenable. S.l.
    Sakaldeo Yadav, at that particular time, was the President ofBihar Police
    Officers' Association. S.I. Syed Ahmad Khan was the Secretary of the
    Association. As President and Secretary of the Association, they were
F   expected to have first hand information about each and every incident in
    connection with the affairs of the police personnel. In fact, they would
    be the first person to be informed of any incident in connection with the
    welfare of the police personnel. In the deposition before the Additional
    Director General of Police, Srikant Kachhap - Police Inspector-cum-
    Officer-in-charge, had categorically stated that at about 2.45 P.M. he got
G   information that the District and Sessions Judge had detained officer in-
    charge of Bikramganj and he also got the information that the President
    of Bihar Police Association S.I. Sakaldeo Yadav and Secretary S.I._ Syed
    Ahmad Khan had departed from Police Line Dehri and going towards court
    campus. The contemner Sakaldeo Yadav had stated that on 19. l .2002, he
H   was at his residence at Dehri. At about 4.15 P.M. the contemner S.l. Syed
        ARUN PASWAN, S.I. v. STATE OF BIHAR [SEMA, J.]                  735
Ahmad Khan, who is the Secretary of the Association, had informed him A
that the District Judge had detained the Officer Incharge of Police Station
Bikramganj. He has also stated that on that date he had reached Sasaram
at 1645 hrs. This contention has been rightly rejected by the Additional
Director General of Police and also by the High Court. At the Bar it is
not disputed by counsel on both sides that the distance from Dehri to B
Sasaram is about 37-38 km. If the statement is believed that he received
the information at 4.15 P.M., it is impossible that he reached Sasaram at
4.45 P.M., i.e. within 30 minutes of the receipt of the information. It is
utterly impossible to cover a di.stance of 37-38 kms. within 30 minutes,
unless one travels in a jet speed all throughout. This would clearly show C
that the two contemners were at Sasaram at the time of the incident and
in fact they led the mob in shouting slogans in abusive language and
vandalism against the Judge and the judicial officers. It is, therefore, clear
that these two officers set up false defence to escape punishment. The fact
that they put up false defence is also clearly indicative of their presence
at the spot and participation at the time of the incident.                     D
       We now proceed to dispose of the argument advanced by Mr. Jaspal
Singh, learned Senior counsel that the High Court was incompetent to
initiate the contempt proceedings. It is urged by Mr. Jaspal Singh, learned
Senior counsel that the contempt proceedings initiated against the E
contemners are hit by proviso to Section 10 of the Contempt of Courts
Act, 1971 ~s according to him Section 345, Crl. Procedure Code, 1973
empowers any civil, criminal or revenue court to punish sumni trily a
person who is found guilty of committing any offence under Section 175,
178, 179, 180 or Section 228 of the Penal Code in the view or presence
of the court. To answer this question, it will be relevant to make a quick F
survey of Section 345 of the Code of Criminal Procedure, 1973 which
corresponds to Section 480 of the earlier Criminal Procedure Code.
Section 345 reads:

         "345. Procedure in certain cases of contempt. - (1) When any G
         such offence as is described in section 175, section 178, section
         179, section 180 or section 228 of the Indian Penal Code (45 of
         1860) is committed in the view or presence of any civil, Criminal
         or Revenue Court, the Court may cause the offender to be detained
         in custody and may at any time before the rising of the Court on H
    736                 SUPREME COURT REPORTS [2003] SUPP. 6 S.C.R.

A            the same day, take cognizance of the offence and, after giving the
             offender a reasonable opportunity of showing cause why he
             should not be punished under this section, sentence the offender
             to fine not exceeding two hundred· rupees, and, in default of
             payment of fine, to simple imprisonment for a term which may
             extend to one month, unless such fine be sooner paid.
B
             (2) In every such case the Court shall record the facts constituting
             the offence, with the statement (if any) made by the offender as
             well as the finding. and sentence.

c            (3) If the offence is under section 228 of the Indian- Penal Code
             (45 of 1860), the record shall show the nature and stage of the
             judicial proceeding in which the Court interrupted or insulted was
             sitting, and the nature of the interruption or insult."

D          A fascicule reading of Section 345 of the Code it is clear that offences
    under Section 175, 178, 179, 180 or 228 would constitute contempt'only
    if_ they are committed in the view or presence of the Court. This would·
    also show that offences under Sections 175, 178, 179, 180 or 228 per se
    do not amount to contempt. They are contempt only if they are committed
    "in the view or presence of the Court", otherwise they remain offences·
E   under the Indian Penal Code simpliciter.

          In the present case the alleged slogan shouting and leveling abusive
    language against the Judge took place outside the Court. Therefore, the
    District and Sessions Judge rightly has not taken any action under Section
F   345 of the Code of Criminal Procedure and, therefore, the jurisdiCtion of
    the High Court would not be ousted. The rational behind it is quite obvious.
    There would be no reason why the High Court should invoke its jurisdiction
    when the Court against whom contempt is committed, in the view or
    presence of the Court, can itself take action. Thus, bar of the jurisdiction
    of the High Court imposed by proviso to Section l 0 of the Contempt of
G   Courts Act is not attracted in the cases where the offences -under Sections
    178, 179, 180 and 228 of the IPC are not committed in the view or presence
    of the Court.

        Similar question was raised before the Constitution Bench of this
H   Court in the case of Bathina Ramakrishna Reddy v. State of Madras
       ARUN PASWAN, S.l. v. STATE OF BIHAR [SEMA, J.]                 737

reported in AIR (1952) SC 149. This Court considered the ambit of Section A
2(3) of Contempt of Courts Act (1926). This is in para-materia to the
proviso to Section 10 of the Contempt of Courts Act, 1971. In this case
defamatory statements were made. Action in contempt was taken. It was
argued that the allegations amounted to an offence of defamation and
consequently jurisdiction of High Coutt was barred. This argument was B
negatived. It was held that jurisdiction of the High Court is excluded only
in cases when the acts alleged are punishable as contempt under specific
provisions of Indian Penal Code. It is held that if the act alleged merely
amounts to an offence of other description for which punishment is
provided for in the Indian Penal Code, then the jurisdiction of the High C
Court to take cognizance is not taken away. In this case it also held as
follows:-

        "(9) It may be pointed out in this connection that although the
        powers of the High Courts in Iridia established under the Letters
        Patent to exercise jurisdiction as Superior Courts of Record in D
        punishing contempt of their authority or processes have never
        been doubted, it was a controversial point prior to the passing of
        the Contempt of Courts Act, 1926, as to whether the High Court
        could, like the Court of King's Bench in England, punish con-
        tempt of courts subordinate to it in exercise of its inherent E
        jurisdiction. The doubt has been removed by Act XII (12) of 1926
        which expressly declares the right of the High Court to protect
        subordinate Courts against contempt, but subject to this restric-
         tion, that cases ofcontempt which have already been provided for
         in the Indian Penal Code should not be taken cognizance of by
         the High Court. This seems to be. the principle underlying S. 2(8) 1 F
         Contempt of Courts Act. What these cases are, need not be
         exhaustively determined for purposes of the present case, but
         some light is undoubtedly thrown upon this matter by the
         provision of S. 480, Criminal P.C., which empowers any civil 1
         criminal or revenue Court to punish summarily a person who is G
         found guilty of committing any offence under Ss. 175, 178, 179 1
         180 or S. 228, Penal Code in the view or presence of the Court.
         We are not prepared to say, as has been said by the Patna High
         Court in Jyanendra Prasad v. Gopal, 12 Pat.172 that the only
         section of the Indian Penal Code which deals with contempt H
    738               SUPREME COURT REPORTS [2003] SUPP. 6 S.C.R.

A           committed against a Court of justice or judicial officer is S. 228.
            Offences under Ss. I 75, I 78, I 79 and I 80 may also, as S. 480,
            Criminal P.C. shows, amount to contempt of Court ifthe "public
            servant" referred to in these sections happens to be a judicial
            officer in a particular case. It is well known that the aim of the
            contempt proceeding is "to deter men from offering any indigni-
B
            ties to a Court of justice" and an essential feature of the
            proceeding is the exercise of a summary power by the Cou11 itself
            in regard to the delinquent. In the cases mentioned in S. 480,
            Criminal P.C., the Court has been expressly given summary power
            to punish a person who is guilty of offending its dignity in the
c           manner indicated in the section. The Court is competent also
            under S. 482, criminal P.C. to forward any case of this description
            to a Magistrate having jurisdiction to try it, if it considers that the
            offender deserves a higher punishment than what can be inflicted
            under S. 480. Again the Court is entitled under S. 484, to
D           discharge the offender on his submitting an apology, although it
            has already adjudged him to punishment under S. 480 or forward
            his case for trial under S. 482. The mode of purging contempt
            by tendering apology is a further characteristic of a contempt
             proceeding. It seems, therefore, that there are offences which are
E           punishable as contempt under the Indian Penal Code and as
            subordinate Courts can sufficiently vindicate their dignity under
            the provisions of criminal law in such cases the legislature
            deemed it proper to exclude them from the jurisdiction ofthe High
            Court under S.2(3), Contempt of Courts Act, but it would not be
            correct to say that the High Court's jurisdiction is excluded even
F           in cases where the act complained of, which is alleged to
            constitute contempt, is otherwise an offence under the Indian
            Penal Code. "

                                                            (emphasis supplied)
G
          In the case of State of Madhya Pradesh v. Revashankar reported in
    AIR ( 1959) SC I 02 allegations were made which amounted to insult. The
    argument was that an offence under Section 228 IPC was made out and
    thus the High Court had no jurisdiction. Thus, an identical argument was
H   made-. Such an argument was negatived. This court held that if the conduct
            ARUN PASWAN, SJ. v. STATE OF BIHAR [SEMA, J.]                    739

    is one which scandalizes the Court and impairs administration of justice, A
    the jurisdiction of the High Court would not be barred. In the present case
    also it is not a mere personal insult to the District Judge. Such conduct
    of police officers scandalizes the Court itself and impairs administration
    of justice inasmuch as it tends to demoralize the judicial officers and makes
    it difficult for them to perform their duties fearlessly. We, therefore, reject B
    this submission.

         In the result, there is no meritin the appeals and they, accordingly,
    stand dismissed.

    B.S .                                                   Appeals dismissed.     C




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