1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL REFERENCE NO. 1 OF 2010 HIGH COURT ON ITS OWN MOTION .. PETITIONER VERSUS CHHERING DORJE .. RESPONDENT Mr. M. S. Karnik for the applicant Mr. Ravi Kadam, Advocate General with Mr. V.B. Konde-Deshmukh, APP Dr. Chhering Dorje, Superintendent of Police, Chandrapur, present in court. CORAM: SMT. RANJANA DESAI & SMT. MRIDULA BHATKAR,JJ. DATED : 8th March, 2010 P.C. On 23/4/2008 in Writ Petition No. 564 of 1995, the Division Bench of this court presided over by Justice Bilal Nazki passed the following order: “Copy of the statement showing the number of cases in which non bailable warrants are pending for more than one year is submitted to the court by the Registrar (Inspection). The copy of statement be furnished to 2 the Advocate General. The Advocate General has assured this court that mechanism will be devised shortly to reduce the pendency of execution of such warrants. He also agrees with this court that pendency of about half a million non-bailable warrants for over a year is a matter of serious concern. Therefore, the government would give its due attention to the problem. Till the government looks into the matter and frames a policy, we direct that the learned Sessions Judge of each district shall have a meeting every month with the respective concerned District Superintendent of Police / Police Commissioner and monitor execution of warrants in their respective districts. After every such meeting every District Judge / Sessions Judge shall submit a report to this Court. The matter shall come up on board on July 30, 2008.” 2. On 8/5/09 a letter was addressed by Mrs. Swapna S. Joshi, Principal District and Sessions Judge, complaining about the respondent’s behaviour in a meeting held in her chamber on 5/5/09 to ensure compliance of this court’s above order, to the Registrar (Admn.) High Court Bench at Nagpur 3 who sent the said letter to this court. Upon receipt of the said letter the office put up the said letter before the Hon’ble Acting Chief Justice Shri J. N. Patel. The Hon’ble Acting Chief Justice treated the said letter as reference for initiating proceedings under Contempt of Courts Act, 1971. The matter was thus placed before us. 3. On 9/2/2010 we recorded a prima facie opinion that Mr. Dorje, District Superintendent of Police, Chandrapur had committed contempt of this court and issued notice to him asking him to show cause why action under the Contempt of Courts Act, 1971 should not be initiated against him. Pursuant to this notice, Mr. Dorje appeared in our court. He also filed affidavit-in-reply, which is taken on record and marked “X”. 4. Mr. Kadam, learned Advocate General assisted the court. We must note that learned Advocate General raised a preliminary objection to the maintainability of the present Reference. He drew our attention to Rule 12, Chapter XXXIV of the Bombay High Court, Appellate Side Rules. It is, however, not necessary for us to go into the preliminary objection raised by learned Advocate General because he is not pressing that objection in view of the affidavit filed by Shri Dorje, District Superintendent of Police, Chandrapur, wherein he has tendered unconditional apology to this court. Shri Dorje has stated in the affidavit that he has highest regard for the 4 judiciary and at no point of time did he have any intention to undermine the dignity of the court, while discussing the issues with the Principal District & Sessions Judge at Chandrapur on 5/5/2009. The apology is unconditional. To us it appears to be bonafide and genuine. We accept the apology. 5. In view of this apology, in our opinion, the contempt notice deserves to be discharged and is accordingly discharged. We hope and trust that such incidents do not occur in future. Reference is disposed of. (SMT. RANJANA DESAI, J.) (SMT. MRIDULA BHATKAR, J.) 5