Judge Jeyapaul and Criminal Contempt.

To,                    Date; 28.01.2016

The H. A. Chief Justice,

Punjab and Haryana High Court, Chandigarh.

Sub; J. Jeyapaul and criminal contempt.

Sir,

Judge Jeyapaul vide order Dt 11.12.2015 in CROCP 10/2013, directed removal of ‘visuals’ and further ordered the ‘contemnor’ not to upload any ‘objectionable’ visuals in future also. Following facts may be noted;

1.     The ‘objectionable’ visuals are not on court record. As per law, a Judge cannot order for deletion of something or anything, which is not part of case records.

2.     J Jeyapaul has to place the material on record. Then the law requires him conduct trial as per law to hold whether it was true or false.

3.     If visuals happen to be true than law cannot order its deletion. Strangely a direction and a finding has been given about something which is neither on record nor was subject to trial about its truth/veracity.

4.     Judge cannot call a person as ‘contemnor’ before the trial. Object of trial is to find out if a person is ‘contemnor’ or not. It is contempt of court to refer to respondent before the trial as contemnor. Only after a due trial and a finding that he has obstructed any court proceedings a person can be ‘contemnor’. Trial and allowing full truth to come on record is pre-requisite of justice. (This particular para may be circulated to all Judges dealing with criminal contempt).

5.     On 22.1.2016, approx 20 persons appeared in his court seeking issuance of notices to themselves as all of them have also uploaded truth. J Jeyapaul asked them to file applications which he will deal on ‘merits’. For a prudent person, merits mean truth and law. But does ‘merits’ have same meaning for J Jeyapaul?

6.     The order Dt 11.12.2015 was not uploaded for more than 2 months. After about a month or so a blank page was uploaded with body of order missing. The order was uploaded just before the next date of hearing 22.01.16. Delayed upload of Order Dt 11.12.2015 on court website lacks bonafide.

7.     The order dictated in court on 11.12.2015 related to deletion of day to day proceedings of the case. The order now on net is different. Shorthand notebook of then steno can be verified. CCTV cameras demanded by employers of judges i.e. public is inter-alia to prevent judges from changing their orders at later stage.

8.     J Jeyapaul’s order Dt 8.9.2015 giving directions to Enquiry officer holding departmental proceedings was beyond jurisdiction under contempt’s of courts act while hearing CROCP on original side.

9.     Similarly his order Dt 10.11.2014 in CROCP 12/14 for cancellation of bail 437(5) or 482 CRPC was beyond jurisdiction under contempt’s of courts act while hearing CROCP on original side.

10.    Media on 18.11.2014, had compared him to Gen O’dyer for his order Dt 17.11.2014 in CROCP 12/14. Law expected H CJ to direct registration of case u/s 302 against him for an order which led to murder of 6 innocent persons. His comparison to gen O’dyer by media can be seen at link below;-

https://www.facebook.com/permalink.php?story_fbid=320914701428956&id=185886134931814

11.    In last one year since J Jeyapaul is on roster of criminal contempt, he has not decided a single show cause notice in CROCPs on court on its own motions cases. “as to why proceedings be not initiated?’

Suggestions;

1. J Jeyapaul has repeatedly shown ignorance or deliberate violation of law and procedures at least in matters relating to criminal contempt. Judicial academy is meant to impart judicial education, legal and moral ethics, strict adherence to law, ethics and procedures. It is expected that those in the helm of affairs of judicial academy do pass such tests as they are expected to lay for others. The President of Board of Governor of Chandigarh Judicial academy must be above Board. 

2.     Some Judges are hiding behind protective shield or Bunker of ‘criminal contempt’ to hit, brow beat, damage and suffocate; truth and majesty of law. A time may come, sooner than expected, that public interest / public may demand that certain judges must have forewarning notices affixed outside their courts saying;-

“This court can pass orders on the basis of anything and everything not on record. Truth is not allowed in this court. Anyone found speaking or pleading truth will be held guilty of criminal contempt”.

The facts stated in para 1 to 11 speak volumes about the state of affairs in a particular court. The appalling state of affairs have become open secret now which calls for taking urgent remedial measures by yourself. With this I rest my pen with the hope Fiat justitia ruat caelum.

In service of nation,

SD/KD Aggarwal