1 smcp610 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. SUO MOTU CONTEMPT PETITION NO. 6 OF 2010 High Court on its own motion V/s. Mr. Bhai Jagtap, M.L.A. ...Respondent-Contemner Mr. Bhavesh Parmar, amicus curiae Mr. A. Majeed Memon with Mr. Nitin Dhumal for the Respondent- Contemner Mr. P.A. Pol, P.P., for the State. CORAM: A.M. KHANWILKAR AND A.P. BHANGALE, JJ. DATE: 21ST DECEMBER, 2010 P.C.:- This Suo Motu Contempt Petition has emanated from the Reference made by the Joint Charity Commissioner, Kolhapur Region, Kolhapur, and Assistant Charity Commissioner, Ratnagiri Region, Ratnagiri, in connection with the incident referred to in the said Reference. On the basis of the said Reference, the show-cause notice was issued to the respondent-contemner. 2 smcp610 2. In the first place, the respondent-contemner filed reply- affidavit dated 15th September, 2010, denying the allegations referred to in the Reference under consideration. At the same time, the counsel appearing for the respondent, on instructions, stated that the respondent was willing to offer unconditional apology. 3. In view of the change of mind of the respondent, and the stand taken by the counsel before us, we allowed the respondent to file further affidavit. Accordingly, further affidavit has been filed by the respondent sworn on 17th December, 2010. This affidavit is an unconditional apology tendered by the respondent. 4. The learned amicus curiae has rightly invited our attention to the fact that in the further affidavit, there is no mention about the fact that the respondent intends to unconditionally withdraw the stand taken by him in the first affidavit filed before us. In deference to the said objection, the respondent, who is present in Court, has instructed his advocate that he does not intend to pursue the stand taken by him in the first affidavit. On the other hand, the respondent be allowed to withdraw the contents thereof. In other words, the respondent is now accepting the allegations made in the Reference under consideration as it is. 3 smcp610 As aforesaid, the respondent, having realised his mistake, now has decided to tender unconditional apology and beseech this Court to show grace and discharge him of the proposed action. This stand taken by the respondent is in furtherance of the proviso to Section 12(1) of the Contempt of Courts Act, 1971. 5. The respondent has thus withdrawn the stand taken by him in his first affidavit and has accepted the allegations contained in the Reference as it is, coupled with the fact that now he has tendered unconditional apology and has also assured the Court not only by way of affidavit but also reiterated before the Court that henceforth, he shall take due care to see that no such acts of commission or omission are repeated by him in future even by inadvertence. The respondent has thus expressed remorse and reticence for his acts of commission and omission. 6. In the light of the above, the contempt petition is disposed of by discharging the respondent as per the proviso to Section 12(1) of the Act of 1971. The undertaking and assurance given by the respondent in Court is accepted on the above terms. 4 smcp610 7. The Court expresses a word of gratitude for the able assistance given by the learned amicus curiae. 8. Copy of this order be forwarded to the Judge who has made this Reference for information. A.P. BHANGALE, J. A.M. KHANWILKAR, J.