Registrar General, Date;
20.2.2015
High Court of
Punjab and Haryana, Chandigarh.
Sub; Initiation of action under Contempt of
Court Act;
Reg; Order of destruction of Recent Records.
Sir,
1. Rules
regarding designations of senior advocates were recently amended incorporating
destruction of records and passing unreasoned orders. The aforesaid amendments
are;-
3.(e)(ii) Records of such papers be destroyed after the result is notified
by obtaining orders of the Chief Justice.
3.(e)(iii) Full court shall not be required to record reasons ..
2. This
is directly in conflict with Constitution of India and oath taken by the
Judges;-
Constitution of India Article 215; High Courts to be courts of record.- Every
High Court shall be a court of record and shall have all the powers of such a court
including the power to punish for contempt of itself.
Oath by a High Court Judge; .. I will uphold the Constitution..
3. An
order by a court of record to destroy its important recent records and passing
unreasoned orders amounts to scandalizing this court and lowering its dignity.
It is thus apparent that Judge Surya Kant who reportedly headed the committee
has committed criminal contempt of this court.
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
Prayer;-
By virtue of your office and duty to the High
Court, you are obliged to place matter before the Acting Chief Justice to
initiate suo moto action u/s contempt’s of courts act against Judge
Suryakant/such other judge who was responsible for above act.
KD Aggarwal
Dignity
of Judiciary cannot be lowered by whatever others may do or say.
It
can only be lowered by the act and conduct of Judges themselves.
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