Allahabad High Court holds man calling District Court judges, officials murderer of Constitution 'guilty' of contempt

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"We are convinced beyond reasonable doubt that the contemnor has no contrition or remorse for his conduct," observed Allahabad High Court holding man, who had alleged that in the District Court, Bulandshahr all the Judges, Officers and employees are dishonest and had called them 'murderers of the Constitution of India', guilty of contempt.

The bench of Justice Suneet Kumar and Justice Umesh Chandra Sharma passed the order in the contempt proceedings initiated in the year 2017 against one Vikram Sharma, a clerk of the civil court at Bulandshahr.

The bench noted that the unconditional apology that Sharma had tendered in response to the charge framed by the High Court on March 3, 2022 was merely a "paper apology" as it was forwarded only when Sharma found that the court is going to impose punishment.

Court said, "The apology tendered by the contemnor is merely a camouflage to avoid the consequence of the contempt proceedings at this belated stage. This Court would have taken a lenient view had the contemnor tendered (a) sincere apology for his conduct at the outset when the proceedings were put in motion.

Court stressed that "an apology for criminal contempt of court must be offered at the earliest since a belated apology hardly shows the “contrition which is the essence of the purging of contempt”."

Further referring to the Sub-section (1) of Section 12 of the Contempt of Courts Act, 1971 and the Explanation attached thereto which provides that an apology shall not be rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide, Court said, "A conduct which abuses and makes a mockery of the judicial process of the court is to be dealt with iron hands and no person can tinker with it to prevent, prejudice, obstructed or interfere with the administration of justice."

Court said, "Apology cannot be accepted in case it is hollow; there is no remorse; no regret; no repentance, or if it is only a device to escape the rigour of the law. Such an apology can merely be termed as “paper apology”.

Accordingly, holding Sharma guilty of charges framed Court awarded him six months simple imprisonment and imposed a fine of Rs. 1000 upon him as well. However, noting that Sharma had already suffered incarceration for 20 months 20 days as on the date of the order, Court directed that the period of punishment shall be setof against the incarceration suffered by Sharma in the present proceedings.

In the December 2016, presenting himself as a representative of 125 crore Indians, Sharma wrote and dispatched a letter addressed to the Prime Minister, the Chief Justice of India, Chief Minister of Uttar Pradesh and the Chief Justice of Allahabad High Court and had made abovementioned allegations.

In the letter, Sharma had also claimed that the Constitution of India shall be buried on January 1, 2017, and its ashes shall be sent to the responsible murderers.

Case Title: In-Re v. Vikram Sharma (Clerk)