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Brahma Prakash Sharma and Others vs. the State Of Uttar Pradesh by harsh gupta

 Brahma Prakash Sharma and Others vs. the State Of Uttar Pradesh 1954 AIR 10, 1954 SCR 1169

Supreme court of India

Parties to the case-

BRAHMA PRAKASH SHARMA AND OTHERS

Petitioner

                                               Vs.

State of Uttar Pradesh

Respondent



Brief Facts-

  1. The Executive Committee of a District Bar Association received multiple complaints against a Judicial Magistrate and a Revenue Officer regarding their conduct and handling of cases.

  2. The Committee passed a resolution in camera, stating their opinion that the two officers were incompetent, lacked judicial work, and were discourteous to litigants and lawyers.

  3. The resolution was typed by the President, forwarded confidentially to the District Magistrate, Commissioner of the Division, and the Chief Secretary and Premier of the State.




Issue

Whether the resolution passed by the appellants, criticizing the officers, constituted contempt of court.




Judgment

The High Court held the appellants guilty of contempt but accepted their apology.

1. On appeal, it was held that the contempt, if any, was of a technical nature.

2. After the appellants filed their affidavits before the High Court, the proceedings against them should have been dropped

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