[Contempt For Anonymous Calls To HC Judge] 'It Would Amount To Compromising With Dignity Of The Institution', Gujarat HC Refuses To Accept Apology [Read Order]

The Gujarat High Court on Monday (31st August) refused to accept the apology tendered by the alleged contemnors who had called and sent SMS to a High Court Judge (Justice Bela M. Trivedi) from an unknown number, in connection to an anticipatory bail application listed before her.The incident occurred on June 22, on the date of listing of the anticipatory bail application in question.The bench of Justice Sonia Gokani and Justice N. V. Anjaria in its order observed,"The alleged contemnors first committed their acts which has a tendency to interfere with the course of administration. Those can be said to be the acts and actions contemptuous in nature. It was only subsequently when this Court issued Suo Motu notices that they responded, finding no escape route, with tendering of apology. Thus, their apologies inspire no confidence."Background of the CaseOn June 22/23, Justice Bela M Trivedi had ordered the Superintendent of Police to get the statements of two individuals who were identified in connection to the phone call, during a preliminary inquiry held by the Registrar (IT).Noting that "nobody can directly or indirectly try to approach the Court or to influence the Court, in a way try to pollute the stream of justice," the court had ordered a further inquiry into the matter.Accordingly, the Superintendent of Police, Anand could trace this person who is respondent no.2 (alleged contemnor no.2) in the present matter. He introduced himself as Alpesh R. Patel, residing at Village Jitodia near Anand.While answering to the probe whether the call in question was made by him to the High Court Judge, he agreed that the said call was made at the instance of Mr. Vijay Shah –respondent /contemnor no.1 and his wife.Contempt Proceedings and the Apology tendered therebyConsequently, a suo motu contempt proceeding was initiated under Article 215 of the Constitution of India read with Section 15 of the Contempt of Courts Act, 1971 where this Court issued a notice under Section 17 of the Contempt of Courts Act to the Respondents/ alleged contemnor Mr. Vijay A. Shah and Mr. Alpesh R. Patel, as per the Contempt of Courts Rules (Gujarat High Court Rules), 1984.When the conduct of both the alleged respondent no.1 and 2 were considered, it was noticed that they both had tendered the apology which they insisted to be unconditional and unqualified and at the first given opportunity.So far as alleged respondent no.1 was concerned, so as to explain the role of respondent no.2, he had given an explanation and defended himself.Whereas respondent no.2 had been asked to explain by learned Single Judge before it issued a notice of contempt, and in that affidavit-in-reply filed on the directions of the Court, he had attempted to explain as to why there was an attempt on his part to contact the learned Judge of this Court in the pending criminal proceedings.Respondent no.2 had sought the pardon for having involved himself directly or indirectly in the act attempting to criminal contempt.So far as respondent no.1 was concerned, he emphasized that through his friend, he had met respondent no.2 who had a good connection with the police department and even in the past, he has helped several people in finding support from the police.So, it was through one Mr. Rajesh Solanki that meeting was arranged and he was conveyed that other co-accused have been released and he would try to put these facts and persuade the police authority to adopt a lenient view. He said that he was unaware as to from where he procured the number of learned Judge. It was on his own volition that he did so.Whereas according to alleged contemnor no.2, he had been given those details by respondent no.1 and he had been also ensured that after once the work is done, he would be aptly rewarded.In this context, the court said,"It is quite apparent from diametrically opposite stands taken by both of them that either of them has not stated the correct facts and one of them is presenting blatant lies. This even at the stage when both the respondent seek apologies, one of them has chosen not to approach the court with clean hands and that also is one very valid aspect not to treat this apology as bona fide." (emphasis supplied)Court's observationThe Court, after hearing the parties, their counsels and the Amicus Curiae (Senior Advocate Mr. Shalin Mehta) in the matter concluded,"The apology, as may be tendered by the parties, the alleged Contemnors, shall need to be regarded by the Court, where it is also to regard as to whether the apology tendered is at the first point of time without attempting to justify the actions and creating the defence or is it being used as an escape route.The Court further observed,"The Court also needs to regard as to whether the contempt is full of contrition and whether the same is in a case which has been committed the first time. The law is also clear that it is not necessary for the Court to accept such an apology, even if found to be unconditional...

[Contempt For Anonymous Calls To HC Judge] 'It Would Amount To Compromising With Dignity Of The Institution', Gujarat HC Refuses To Accept Apology [Read Order]

Sparsh Upadhyay

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