Case Note & Summary
The present contempt proceedings arise out of a reference dated 18/20th April 2013 made by the District Judge-3, Ambajogai to the Bombay High Court. The background is that on 8th April 2013, four accused persons were convicted under Section 306 read with 34 of the Indian Penal Code in Sessions Case No. 81/2009 and sentenced to rigorous imprisonment for ten years. After sentencing, all four accused were handed over to Police Head Constable Aniskhan Pathan of the Railway Police Station, Parli-Vaijnath, along with conviction warrants, with directions to deposit them in the District Prison, Beed. However, PHC Pathan lodged only three accused in the District Prison and admitted the fourth accused, Dhammanand Gangadharrao Munde, to the District Hospital, Beed, instead of the prison. On the next day, 9th April 2013, Pathan submitted a report to the court, but he misused the seal of his superior, the Police Sub-Inspector, by affixing it below the report and signing it himself. The court called for his explanation as to why he admitted the convict to the hospital without prior permission and directed him to submit treatment papers. On 12th April 2013, Pathan submitted an explanation stating that medical examination was necessary before jail admission, but the court found it unsatisfactory. He was directed to produce treatment papers from the District Hospital, but instead produced papers from Government Medical College, Aurangabad, and reported that the convict had been referred there on 11th April 2013. The court considered that Pathan's conduct amounted to wilful disobedience of court orders and misuse of official seal, constituting criminal contempt. The High Court issued notice to Pathan to show cause why contempt proceedings should not be initiated against him. The matter was heard, and the court found that Pathan's actions were contumacious and amounted to criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971. The court convicted him of criminal contempt and sentenced him to simple imprisonment for one month and a fine of Rs. 2,000, with a default sentence of 15 days simple imprisonment.
Headnote
A) Contempt of Court - Wilful Disobedience - Criminal Contempt - Contempt of Courts Act, 1971, Section 2(c) - Police head constable admitted a convicted accused to hospital instead of prison without prior permission, misused the seal of his superior officer, and failed to produce treatment papers as directed by the court - The court held that such conduct amounts to wilful disobedience and interference with the administration of justice, constituting criminal contempt (Paras 1-4).
Issue of Consideration
Whether the conduct of the respondent police head constable in admitting a convict to hospital instead of prison, misusing the seal of his superior, and failing to produce treatment papers amounts to criminal contempt of court.
Final Decision
The court convicted the respondent, Mr. Aniskhan Pathan, of criminal contempt and sentenced him to simple imprisonment for one month and a fine of Rs. 2,000, in default of payment of fine, to undergo simple imprisonment for 15 days.
Law Points
- Contempt of Court
- wilful disobedience of court orders
- misuse of official seal
- dereliction of duty by police officer
