Chander Bhusan Barowalia JUDGMENT
Tarlok Singh Chauhan, J.
1. This Court after noticing that the respondent had made certain scurrilous and indecent attacks against the Judicial Magistrate 1st Class-7, Shimla, initiated suo motu criminal contempt proceedings in Cr.OPC No. 4 of 2018 titled 'Court on its own motion v. Vikas Sanoria'. The respondent, who happens to be an Advocate, after putting in appearance in those proceedings thereafter had posted the following comments on his face book account:
"Court on its motion___(Loose motion___,), since daughter of sitting JUSTICE saheb. To dekhte jnaabjee.....haha."
2. On the basis of the aforesaid comments, the instant contempt proceedings against the respondent were initiated, who vide his statement dated 02.08.2018, undertook not to post such scurrilous and offensive posts on his face book account. It is after such an undertaking that the case was adjourned to 16.08.2018 so as to observe his conduct. However, the indulgence and sympathy shown by this Court appeared to be totally misplaced as it thereafter emboldened the respondent-contemnor to cast uncalled for and unwarranted aspersions and makes scurrilous and indecent attacks against this Court and its Judges in wild, intemperate and even in abusive language, constraining the Court to pre-pone the matter to 09.08.2018 when the matter was adjourned for 10.08.2018 for appearance of the respondent. On 10.08.2018, the respondent was charge-sheeted and the charge reads thus:-
"Charge
We (Justice Tarlok Singh Chauhan and Justice Chander Bhusan Barowalia), do hereby charge you (Vikas Sanoria) as under:
That you on or about July 29, 2018 published various posts on your facebook account mentioning thereby, "Court on its own motion_(Loose Motion_,), since daughter of sitting JUSTICE saheb. To dekhte jnaabjee....haha", "Sunday, 29 July 2018, 6:26 PM....13 min. 23 seconds duration of call...Just abuses. From the XUV 500.. Jai ho Judicial system Ji.. Koyeenaa....wait n watch ji..", "Jabb Jabb phone se resentment/krodh/gaali millegi..FB post dallegi prevailing discrepancies vaaste..Judicial System ji haha @ XUV 500.. Koyeenaa Wait n Watch ji," "Presently favourite Justice he he.. Feeling BLESSED ji..WAQT.." Annexures 1 to 5 of the present charge, which posts tend to scandalize the High Court of Himachal Pradesh and thereby committed an offence punishable under Section 12 of Contempt of Courts Act, 1971 and within the cognizance of this Court.
And we hereby direct that you be tried by this Court on the above said charge.
sd/-
(Tarlok Singh Chauhan)
Judge
sd/-
(Chander Bhusan Barowalia)
Judge
The contents of the aforesaid charge together with Annexures-1 to 5 were read over and explained to the respondent, in vernacular, to which he pleaded not guilty and claimed trial as per his statement recorded separately."
3. Today, the case was fixed for evidence and the respondent stated that he does not want to lead any oral evidence and his reply by way of affidavit itself be read as evidence. His statement was taken on record.
4. The so-called justification and explanation as contained in the reply-affidavit is reproduced in verbatim and reads thus:-
"1. That the facebook posts annexed alongwith CROPC No. 05/2018 have been posted from my facebook I.d. during the month of July/Aug., 2018.
2. That the posts were made inadvertently by me in a fit of rage/anger as it took seven days to get the vehicle release application decided by the concerned JMIC at Distt. Court, Shimla, H.P. pertinent to mention here that over all it took around 29 days to get the vehicle released.
3. That due to undue delay in ob........