Court on its own Motion vs G.S.Brar, Additional Public Prosecutor

M.L. Singhal, J.

Sh. G.S. Brar, was attached to the Court of Sh. A.N. Jindal, Additional Distt. & Sessions Judge, Ferozepur as Public Prosecutor in the month of July 1997. As per Sh. A.N. Jindal, Sh. G.S. Brar used to enter his Court in a drunken state. He had written a letter No. 546 dated 2.7.1997 to the District Attorney, Ferozepur that Sh. G.S. Brar, Addl. Public Prosecutor came to his court in a drunken state and he had already brought to his notice orally that Sh. G.S. Brar came drunk to his court earlier also. On 4.7.1997 he appeared in his court drunk at the time when bail matters were being taken up. As per Sh. Jindal, Sh. Brar was asked to argue the bail applications titled Gurmeet Singh v. State and Sohan Singh v. State under section 15 of N.D.P.S. Act. Instead of making some submissions, he tried to throw away the file towards the Stenographer of his Court. Smell of alcohol was coming out of his mouth. Sh. Jindal felt the decorum of the Court to have been spoiled by this unbecoming behaviour of Sh. G.S. Brar. Sh. Jindal felt that he was under the influence of liquor. On being confronted by Sh. Jindal, Sh. Brar admitted to have taken alcohol. Sh. A.N. Jindal made reference to this Court through District & Sessions Judge, Ferozepur for initiation of proceedings under Section 2(c)(iii) of the Contempt of Courts Act, 1971 against him as coming to the Court drunk and when asked to argue the aforesaid bail matters, throwing away the file towards the Stenographer of the Court instead of making submissions amounted to interference and obstruction in the administration of justice and also effected the decorum of the Court. As per Sh. Jindal, Sh. G.S. Brar was habituated to coming to the Court drunk and disturbing the working of the Court. His appearance in the Court drunk detracted from the dignity and decorum of the Court. Sh. Jindal also requested Director, Prosecution and Litigation, Punjab vide endorsement No. 573 dated 4.7.1997 for transferring Sh. G.S. Brar from his Court and at his request he was transferred.

District & Sessions Judge, Ferozepur forwarded the reference made by Sh. Jindal for taking action against Sh. Brar under the Contempt of Courts Act. Notice was issued to Sh. Brar to show cause as to why proceedings under the Contempt of Courts Act be not initiated against him under the orders of Hon''ble G.C. Garg, J. dated 5.8.1998. Sh. G.S. Brar put in reply by way of affidavit to the allegations made by Sh. Jindal in the letter of reference ibid for the initiation of contempt proceedings against him. It was urged by him that he holds the Courts in very high esteem. He always maintained the decorum of the Courts and was always respectful to them. He always maintained cordial relations with the members of the Bar and the Bench and all concerned in the transaction of Court work during his entire career spanning over 30 years. He joined the Bar at Muktsar in the year 1968. In the year 1971 he was appointed as Prosecuting Sub Inspector. In the year 1974 he was designated as Assistant District Attorney/Assistant Public Prosecutor/Government Pleader. He always satisfied his bosses and the Court with his work and conduct. In the year 1984 he was appointed as Deputy District Attorney. As Deputy District Attorney he worked with various District/Additional District and Sessions Judges as Additional Public Prosecutor/Government Pleader and conducted important civil cases to which State was party and prosecuted many important criminal cases involving the commission of heinous crimes. At Ferozepur he developed acute stomach problem. He got himself examined from different doctors. His disease was not rightly diagnosed. He was treated as a case of "Anorexia" and was advised to use some medicine containing alcohol content, for immediate relief. On 2.7.1997 he had serious stomach problem. He had to take medicine before coming to the Court for urgent relief. Additional Sessions Judge, Ferozepur, however, smelt liquor and on his query he informed him that he was suffering from stomach problem. He also informed him of the medicine taken by him. He was absolutely normal and had prepared his cases and attended to the court work throughout properly and efficiently. On 4.7.1997 again after he had taken his breakfast and was about to leave for courts he had acute pain, and trouble in his stomach. He had already prepared his cases and to see that there was no dislocation of Court work he thought that he should not seek leave and he decided to attend to the Court work. The said medicine was not available and he took little quantity of whisky to relieve himself of the stomach pain. He was sitting on the chair close to the Presiding Officer who felt that he was smelling liquor. On query, he told him that he had taken little amount of liquor and was fully prepared with his cases and was in perfect mental and physical condition to assist the court. The Additional District and Sessions Judge, however, wanted him to withdraw from the court and arrange the presence of some other Public Prosecutor saying that in the meantime he would himself look after the State cases with the assistance of the Investigating Officers. He quietly withdrew from the court and sent Sh. Raghbir Singh Dhillon, APP to the Court of Sh. A.N. Jindal for attending the State cases. He wanted to make over the files to the Stenographer of the Court but as he was sitting on the other side and his hands could not reach him even on stretching and he had to push the files towards the Stenographer. He never meant any disrespect to the Court in doing so. He never appeared drunk in court. He was never under the influence of liquor. He never interfered or obstructed the work of the court nor did something effecting the decorum of the Court. He was working in the Court of Sh. A.N. Jindal since 19.11.1996 and to his satisfaction and there was no complaint of his having ever appeared before him drunk or having done anything impinging upon the dignity or decorum of the Court. It was further urged that he has put in 27 years of service. He has young children namely son and daughter who are studying in college. They are to be educated, settled in life and married. He has been transferred to Faridkot as Legal Advisor to SSP, Faridkot. That way he has suffered in status. He is being dealt with departmentally also. He has suffered amply in mind and reputation.

He is genuinely and deeply repentant and tenders unqualified and unconditional apology and assures that he will always hold the court in high esteem, maintain their dignity and be always respectful to them. Section 2(c) of the Contempt of Courts Act defines criminal contempt as follows :

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 proceedings; or

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

Now the question arises whether act imputed to Sh. Brar interfered or tended to interfere or obstruct or tended to obstruct the administration of justice in any manner. Mere coming to the court drunk does not amount to interfering or obstructing the administration of justice. In this case Sh. G.S. Brar was not got subjected to medical examination for ascertaining whether he had taken liquor and whether he was under the influence of liquor. In some allopathic medicine some alcohol contents is there. If Sh. Brar had taken that medicine the smell coming out of his mouth would be akin to alcoholic smell. Mere coming to the court drunk cannot be suggestive of the fact that there is any disrespect intended to the dignity and decorum of the Court or any disrespect to the dignity or decorum of the Court is intended by one who comes to the court drunk. Sh. Jindal has stated in the letter of reference that Sh. Brar when called upon to argue the bail matters threw away the file towards the Stenographer of the Court instead of making submissions in the bail matters. Sh. G.S. Brar on the other hand was stated that when the Additional Sessions Judge asked him to withdraw from the Court and to arrange presence of some other Public Prosecutor in his court, he quietly withdrew from the court after pushing the files to the Stenographer of the Court who was sitting on the other side and his hands could not reach him even on stretching and by doing so he intended no disrespect to the Court. Assuming that Sh. Jindal is correct, the act imputed to Sh. Brar is not a serious contempt of the court. It may be contempt of court not calling for any serious view particularly when Sh. Brar is associated with the court working for the last 27 years as a Prosecutor. So, the unconditional/unqualified apology tendered by respondentcontemnor is accepted and the rule is discharged.