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Case Law Details

Case Name : In re Vijay Rule & Ors. (Supreme Court)
Appeal Number : Suo Motu Contempt Petition (Criminal) No. 02/2019
Date of Judgement/Order : 04/05/2020
Related Assessment Year :
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In re Vijay Rule & Ors. (Supreme Court)

There is not an iota of remorse or any semblance of apology on behalf of the contemnors. Since they have not argued on sentence, we have to decide the sentence without assistance of the contemnors. In view of the scurrilous and scandalous allegations levelled against the judges of this Court and no remorse being shown by any of the contemnors we are of the considered view that they cannot be let off leniently. We have also held in our judgment that the complaints were sent by the contemnors with a view to intimidate the Judges who were yet to hear Shri Nedumpara on the question of punishment, so that no action against Shri Nedumpara is taken. Therefore, it is obvious that this is a concerted effort to virtually hold the Judiciary to ransom.

We, therefore, sentence all the three contemnors namely Vijay Kurle, Nilesh Ojha and Rashid Khan Pathan, to undergo simple imprisonment for a period of 3 months each with a fine of Rs. 2000/-. In default of payment of fine, each of the defaulting contemnors shall undergo further simple imprisonment for a period of 15 days.

FULL TEXT OF THE SUPREME COURT JUDGEMENT

This is an application filed by Contemnor No.3-Nilesh Ojha for recusal of one of (Deepak Gupta, J.). The only ground taken is that the Bench is in a hurry to decide the matter. The main Contempt Petition was heard at length and disposed of on 27.04.2020. After the judgment was pronounced, the case was fixed on 01.05.2020 for hearing the contemnors on sentence. The contemnors filed applications for recall of the judgment and, therefore, the matter was listed today. One of us (Deepak Gupta, J.) is to demit office on 06.05.2020 and, therefore, the matter had to be heard and we see no ground for one of us to recuse. The application is accordingly rejected.

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