IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD WRIT APPEAL NO. 845 OF 2019 (GM-RES) BETWEEN:
K S ANIL S/O. K.J. SWAMY GOWDA AGED ABOUT 45 YEARS P.B. NO. 1931 GAVIPURAM P.O BANGALORE 560019.
(BY SHRI K.S.ANIL, PARTY IN PERSON) AND:
... APPELLANT 1. M/S. YUKTEE PATEL TRANSPORT PRIVATE LIMITED PARAMOUNT COMPLEX SHOP NO.105, 1ST FLOOR NO.5/3/835, MALKANTA GOSH MAHAL ROAD, HYDRABAD 500012 REPRESENTED BY ITS MANAGING DIRECTOR 2. CANTEEN STORE DEPARTMENT (C.S.D) MINISTRY OF DEFENCE TRINITY CHURCH ROAD BANGALORE 560 007 REP. BY ITS MANAGER 3. SECURITY OFFICER/IN CHARGE CANTEEN STORE DEPARTMENT (C.S.D), MINISTRY OF DEFENCE TRINITY CHURCH ROAD, BANGALORE 560007.
4. STORE KEEPER, C.S.D CANTEEN STORE DEPARTMENT C.S.D, MINISTRY OF DEFENCE TRINITY CHURCH ROAD BANGALORE 560007.
5. EXCISE INSPECTOR CANTTEN STORE DEPARTMENT C.S.D., MINISTRY OF DEFENCE TRINITY CHURCH ROAD, BANGALORE 560 007.
6. DEPUTY COMMISSIONER OF EXCISE (URBAN), POORNIMA BUILDING, #22, J.C. ROAD, 1ST CROSS, BANGALORE 560027.
7. SUPERINTENDENT OF EXCISE UNITED SPIRITS LTD., HOSPET UNIT, CHITWAGI, HOSPET BELLARY DISTRICT 583211.
8. EXCISE COMMISSIONER BANGALORE URBAN DISTRICT TTMC/BMTC BUILDING SHANTINAGAR, BANGALORE 2560 027.
9. THE PRINCIPAL SECRETARY EXCISE DEPARTMETN VIDHANA SOUDHA BANGALORE 560 001.
10. M/S UNITED SPIRITS LTD., #24, VITTAL MALYA ROAD, V.B. TOWER, BANGALORE 560 001.
11. THE STATION HOUSE OFFICER ULSOOR POLICE STATION ULSOOR, BANGALORE 560 008.
12. THE COMMISSIONER OF POLICE BENGALURU CITY, #1, INFANTRY ROAD, BANGALORE 560001.
13. S.H.O KALASIPALYAM P.S BANGALORE 560 002.
14. THE ASST. COMMISSIONER OF POLICE UPSTAIRS OF ULSOOR P.S., ULSOOR, BANGALORE 560008.
15. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE #2, NRUPATHUNGA ROAD, BANGALORE 560 001.
16. THE ADDL. DIRECTOR GENERAL OF POLICE, NRUPATHUNGA ROAD, BANGLAORE 560 001.
17. THE ASST. COMMISSIONER OF POLICE (SPECIAL ENQUIRY) C.C.B.H.Q, COTTONPET MAIN ROD, NTPET, BANGALORE 560 053.
18. THE DEPUTY COMMISSIONER OF POLICE, (CRIME BRANCH) C.O.P. OFFICE, INFANTRY ROAD, BANGALORE 560 001.
19. MINISTRY OF DEFENCE REP. BY ITS PRL. SECRETARY SOUTH BLOCK, NEW DELHI 110 001.
20. PRIME MINISTER OF INDIA REP. BY ITS PRL.SECRETARY SOUTH BLOCK, NEW DELHI 110001.
21. MINISTRY OF LAW & JUSTICE GOVERNMENT OF KARNATAKA AMBEDKAR VEEDHI VIDHANA SOUDHA BANGALORE 560001.
22. KARNATAKA STATE LEGAL SERVICE AUTHORITY, NYAYA DEGULA SIDDAYYA ROAD, BENGALURU 560027.
23. CHIEF MINISTER OF KARNATAKA REP. BY HIS PRINCIPLE SECRETARY VIDHANA SOUDHA, BANGALORE 01.
24. GOVERNMENT OF KARNATAKA REP. BY ITS CHIEF SECRETARY AMBEDKAR VEEDHI, VIDHANA SOUDHA BANGALORE 560 001.
25. HOME MINISTER OF KARNATAKA REP. BY HIS PRL SECRETARY VIDHANA SOUDHA, BANGALORE 01.
26. CENTRAL BUREA OF INVESTIGATION (CBI)(ANTI CURRUPTION DIVISION WING)REP. BY ITS SUPERINTENDENT NO.36, BELLARY ROAD, GANGANAGAR, BENGALURU 560 032.
27. THE REGISTRAR GENERAL HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI BANGALORE 560 001.
... RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO RECALL THE ORDER DATED 4.2.2019 PASSED IN W.P.NO.17697/2018 AND ETC.
THIS APPEAL COMING ON FOR HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING JUDGMENT Heard the appellant appearing in person.
2. By the impugned judgment and order dated 4th February 2019, the learned Single Judge has disposed of the writ petition filed by the present appellant by observing that the appellant was absent and that the learned High Court Government Pleader (HCGP) made a statement that ‘B’ report has been filed in respect of Crime No.436/2007. The learned Single Judge noted that the prayer in the writ petition filed by the appellant was for quashing Crime No.436/2007. By recording the statement of the learned High Court Government Pleader, the learned Single Judge has held that proceeding further will not serve any purpose as the prayer was for quashing the First Information Report. Accordingly, the petition has been dismissed.
3. While preferring this appeal, in the memorandum of appeal itself, the appellant appearing in person has contended that the learned HCGP has made a false submission. By the order impugned, the writ petition filed by the appellant has been dismissed only on the basis of the statement made by the HCGP.
4. If according to the case of the appellant, the statement was false, the appellant could have always moved the learned Single Judge by filing an appropriate application seeking recalling of the impugned order. Instead of doing that, the appellant has chosen to prefer this appeal in which in ground no.5, he has made a specific allegation by naming the learned Single Judge that he is a corrupt judge. In the memo dated 18th June, 2019 signed by the appellant appearing in person, he has named three sitting judges of the High Court and described them as corrupt judges. There are also other allegations made by the appellant.
5. Prima facie, we are of the view that these allegations of scandalous nature tend to interfere with the administration of justice. Making such allegations amounts to scandalise the Court. Prima facie, the same constitute criminal contempt. In the normal course, we would have been justified in directing initiation of suo moto proceedings against the appellant for committing criminal contempt. Only because the appellant is appearing in person, we are giving a reasonable opportunity to him to unconditionally withdraw all the allegations made against the sitting judges of this Court and to tender an unconditional apology by filing an affidavit.
6. We make it clear that we are not compelling the appellant to withdraw the allegations. It is left to his choice whether he wants to withdraw the allegations.
7. For the reasons set out above, we decline to entertain the appeal. If according to the case of the appellant, the learned HCGP had made a false statement, he can always move an appropriate application before the learned Single Judge. Subject to what is observed above, the appeal is disposed of.
8. Let the appeal be listed on 5th August, 2019 under the caption ‘Orders’ for passing orders for initiation of suo moto proceedings against the appellant for committing criminal contempt under the Contempt of Courts Act, 1971. We direct the appellant to be remain present in the Court personally on 5th August, 2019.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*