J Suryakant of High Court habitually obstructing administration of Justice.

To                      November 1, 2014

                Hon’ble the Acting Chief Justice,

                Punjab & Haryana High Court,

                Chandigarh.

Sub:           Application for initiation of suo motu contempt proceedings/ disciplinary action against Judge Surya Kant for obstructing litigants, lawyers, staff, Court officials etc by routinely coming late by 30-50 minutes to Court thereby holding up of court work.

Sir,

It’s a daily routine of Judge Surya Kant Sharma to come late for court work by 30-50 minutes. Whereas in Chandigarh every other of 70 judges start work by 10.00 AM, J Surya Kant is habitually late by 40 mins both in  pre lunch session and post lunch session and then gets up even before others. Late coming by any Judge causes obstruction in administration of Justice as it hinders; Litigants, lawyers, staff, Court officials etc. Copy of a reference where a Judge convicted himself under contempt of court’s act for coming late for work is enclosed.

2 (c) criminal contempt" means the publication (whether by words. spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which-

(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or

(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or

(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner;

        Section 16. Contempt by judge, magistrate or other person acting judicially -

(1) Subject to the provisions of any law for the time being in force, a judge, magistrate or other persons acting judicially shall also be liable for contempt of his own court or of any other court in the same manner as any other individual is liable and the provisions of this Act, so far as may be, apply accordingly.

Section 19 of IPC;-

“Judge".--The word "Judge" denotes not only every person who is officially designated as a Judge, but also … “

 Section 3(2) of Judges Protection Act;-

“(2) Nothing in sub-section (1) shall debar or affect in any manner the power of the Central Government or the State Government or the Supreme Court of India or any High Court or any other authority under any law for the time being in force to take such action (whether by way of civil, criminal or departmental proceedings or otherwise) against any person who is or was a Judge.”

It is therefore prayed that this Hon’ble Court may implement law by suo moto invoking Criminal contempt proceedings against Judge Surya Kant u/s   Sec. 2(c) r/w section 16 of Contempt’s of court Act for daily obstruction of Justice or take disciplinary proceedings for daily coming late thereby obstructing litigants, lawyers, staff, Court officials etc.

Nemo est supra legis. No one is above law.

                                K D Aggarwal