SC stays contempt against ex-HC judge
New Delhi, Aug 9 (UNI) Coming to the rescue of a retired high court judge,the Supreme Court has strongly disapproved Allahabad high court ordering a retired Patna high court judge justice P.K. Dev to personally appear in the court to face contempt of court proceedings for making some objectionable remarks against the high court.
A bench comprising Justices B.N. Agrawal, P.P.
Naolekar and A.K. Mathur yesterday while staying the contempt of court proceedings till further orders against justice Dev, who is currently holding the post of chairman of the Debt Recovery Appellate Tribunal (DRAT), Lucknow observed," Today they have summoned a retired judge tomorrow they will summon a sitting judge." A single judge of the Lucknow bench of the Allahabad high court had directed Justice Dev to personally appear in the court on Aug.
The apex court also issued notice to the high court through its registrar General and other respondents on a petition filed by Justice Dev challenging the high court ordering his personal appearance for the alleged objectionable remarks made by him and seeking to quash the contempt of court proceedings initiated against him on the grounds that contempt of court proceedings can not be initiated against a judicial officer and he himself being a retired high court judge never meant any disrespect to the high court or to any other court and the proceedings are illegal and are therefore liable to be set aside.
The order of the apex court came when the appeal of the chairman of DRAT was mentioned for getting the date for early hearing of the case on the grounds that the petitioner had been directed to appear in person before the high court on August 18.
UNI AKS/SC RP DS1550