IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. O.C.P. No. 4 of 2000 DATE OF DECISION : 13.07.2011 Court on its own motion .... PETITIONER Versus Mohan Singh and others ..... RESPONDENT CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE A.N. JINDAL By Order * * * SATISH KUMAR MITTAL , J. In the present case, in the year 2000, notice was issued to Advocate General, Haryana, on a reference made by the Presiding Officer, Special Environment Court, Faridabad, for initiating contempt proceedings against Mohan Singh, Mahender Singh Sarpanch, five Panches, Amar Pal Ex-Sarpanch and J.P. Sharma, Vice Sarpanch of Gram Panchayat, Village Baund Kalan, District Bhiwani, for producing/writing a letter to the court in the complaint, filed by the Range Forest Officer, Charkhi Dadri, District Bhiwani under the provisions of the Indian Forest Act, 1927 (hereinafter referred to as `the Act'). The said complaint was filed on the allegations that the aforesaid Mohan Singh son of Amar Singh had illegally damaged 50 plants, which had grown up in the Government land in the notified protected forest area, and thus violated Section 32 of the Act, which is punishable Crl. O.C.P. No. 4 of 2000 -2- under Section 33 of the Act. Accused Mohan Singh was summoned and he appeared before the Environment Court. At the time of arguments on notice of accusation, accused produced a letter signed by the Sarpanch and other members of Gram Panchayat, village Baund Kalan, District Bhiwani, stating therein that during an enquiry conducted by the Gram Panchayat, the accused was found innocent. The false allegations of falling trees have been levelled against him, because the land in question was not fit for tree plantation. It was further stated that the accused was a social worker and a respectable person of the village. On the averments made in that letter, the Presiding Officer, Special Environment Court, Faridabad, made a reference to the Registrar of this Court for initiating contempt proceedings against accused Mohan Singh, who produced the said letter in the court, as well as against Sarpanch, Members, Ex-Sarpanch and Vice Sarpanch of Gram Panchayat, Village Baund Kalan, District Bhiwani, who had signed the said letter, as the presentation of that letter by accused Mohan Singh in the court amounts to direct interference in the judicial proceedings, therefore it amounts to criminal contempt within the meaning of Section 2 (c) of the Contempt of Courts Act, 1971. Notice of the aforesaid reference was issued to Advocate General, Haryana, at the first instance on 4.4.2000 and thereafter, the case was adjourned twice on the request of the State counsel. After 5.5.2000, the case was never taken up and now, it has been listed for final disposal. Crl. O.C.P. No. 4 of 2000 -3- We have perused the letter, produced by accused Mohan Singh, which was counter-signed by the Sarpanch, Panches, Ex-Sarpanch, Vice Sarpanch of Gram Panchayat, Village Baund Kalan, District Bhiwani, as well as the reference made by the Presiding Officer, Special Environment Court, Faridabad. In our opinion, in the instant case, in the facts and circumstances of the case, no contempt proceedings should be initiated against the alleged contemners. They are the villagers. By writing a letter, they have appraised the court about the true facts of the case and have given their opinion regarding the conduct of accused Mohan Singh, who was being tried for uprooting 50 plants. In our opinion, the submission made by members of the Gram Panchayat to the court through the said letter should not be taken as an interference in the administration of justice. It was simply an opinion given by the members of the Gram Panchayat regarding facts of the case. It is for the court to accept or not to accept that opinion and decide the case on merits. The court is not bound to accept the said opinion. In a summary case, if such kind of evidence is produced, it is entirely for the court to rely upon or not to rely upon such evidence and reject the opinion given by the Gram Panchayat. The opinion, expressed by the Gram Panchayat, bringing some facts to the notice of the court, be not taken as an interference in the administration of justice. In the light of the aforesaid discussion, at this belated stage, no useful purpose will be served to further proceed with the instant contempt proceedings. Therefore, these proceedings are hereby dropped and the Rule Crl. O.C.P. No. 4 of 2000 -4- is discharged. Petition is disposed of accordingly. ( SATISH KUMAR MITTAL ) JUDGE July 13, 2011 ( A.N. JINDAL ) ndj JUDGE