(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. By virtue of the previous order dated 09.09.2011, the respondent was ordered to be released on bail on condition of remaining personally present before the Court on each date of hearing of any of the applications and of not writing any letters to or in respect of any of the judicial officers in the Judiciary of the State of Gujarat. Thereafter, he has consistently failed to personally remain present before the Court on the basis of vague sick-notes unsupported by any medical evidence. In the order dated 21.10.2011, it was observed that even after orders as aforesaid and pendency of the proceedings which are prolonged due to his absence or applications, he has written letter dated 20.09.2011 which, prima facie, appeared to be calculated to embarass and influence the Court and may amount to criminal contempt in front of the Court requiring action under section 14 of the Contempt of Courts Act, 1971.
2. Therefore, he was called upon to explain as to why such proceeding should not be initiated and he should not be taken into custody and why his bail bonds should not be forfeited. As respondent Mr.Bhatt was present on that date, hearing was adjourned at his request to 11.11.2011 with a stipulation that on that date he should show cause as to why his letter dated 20.9.2011 addressed to the Human Rights Commission and the Registrar General of this Court should not be treated as contempt in presence and in front of the Court and why he should not be immediately detained on that count and why his bail bonds should not be forfeited for violation of the conditions of bail. It was further made clear in the order that hearing on the aforesaid aspect shall have to be taken up first on 11.11.2011 at 04.45 p.m.
3. Thereafter, the respondent has never remained personally present and sent in similar notes intimating the Registrar that he is sick. Since last two adjournments, the respondent has stopped even sending such notes and he, being a practising advocate, sent in his sick-note as an advocate in the office and the hearing is thereby stalled even as he knows that a special bench has had to be constituted for hearing a number of cases pending against him.
4. Today, in view of an earlier letter addressed to Hon'ble Her Excellency the President of India in respect of one of us (Ms. Justice H.N.Devani) Her Ladyship proposes to recuse from the bench. It was also pointed out by learned amicus curiae Mr.Pandya that the respondent has filed an affidavit executed on 10.12.2011 in Cr.M.A.No.8947 of 2011 for seeking recusal of the Judges stating: "1) This Hon'ble Court at present consists of two Hon'ble Judges who are specially assigned the matters relating to criminal contempt of court alleged to have been committed by respondent No.1. Respondent No.1 most humbly seeks recuse of both the Hon'ble Judges on the following grounds amongst others........"
5. In the above facts and circumstances, even as respondent No.1 is not personally present even today and has not filed any regular sick-note in the present proceeding, it is deemed proper that the matters may be placed before the Hon'ble Chief Justice for appropriate orders.
Sd/-
( D.H.Waghela, J.) Sd/-
( Harsha Devani, J.) (KMG Thilake) Top