REGISTRAR DISPOSING CONTEMPT PETITIONS AGAINST JUDICIAL OFFICERS AS SCANDALOUS MATTER UNDER ORDER XV RULE 5 OF SUPREME COURT RULES 2003 .
Delhi: When ever any contempt petition is filed against judicial officers the registry place the matter before registrar of Hon'ble Supreme court. The registrar going through the facts & dispose the contempt petition against judicial officer giving opinion in free of cost to petitioner to go for appeal under Order XV Rule 5 , Supreme court rules 2013.
"5. The Registrar may refuse to receive a petition on the ground that it discloses no reasonable cause or is frivolous or contains scandalous matter but the petitioner may within fifteen days of the making of such order, appeal by way of motion, from such refusal to the Court."
Using this clause Registrar HK JUNEJA disposed many contempt petitions which was filed against well wishers. The petitioner have to challange this order via filing MA at Supreme court. Then the petition is placed before court.
Mr Juneja has disposed many petitions of petitioner using this rule inspite of SC order that registry cannot decide the maintainability of petition
in SLP (CRL)No. 1832 of 2019 in case of P. Surendran vs State by Inspector of Police on March 29, 2019 .
Inspite of quoting the citation in petition Mr Juneja is exercising his power to dispose contempt petitions without giving oppertunity to be heard . He violates principle of natural justice. Aggreived petitioner Mr MH Patel of Mumbai filed civil contempt against SC Registrar Mr Juneja.
Some people say that registry decline to accept contempt petition against judicial community when some one file petition in physical form. This petition is filed by E filing and they have no choice to issue diary number.
Your case MANUBHAI HARGOVANDAS PATEL Vs LEARNED REGISTRAR (J-V) SHRI H. K. JUNEJA is filed with Diary No. 6744-2022 on 02-03-2022 14:54:47 - SUPREME COURT OF INDIA
SYNOPIS AND LIST OF DATES
Facts Giving Rise to Contempt of this Hon’ble Court:
By this Contempt Petition, Petitioner seek to punish LearnedRegistrar (J-V)- Shri H. K. Juneja of this Hon’ble Court who with full knowledge, intentionally and wilfully committed Contempt of this Hon’ble Court by violating Ratio Decidendi, law laid down and logic held in SLP (CRL)No. 1832 of 2019 in case of P. Surendran vs State by Inspector of Police on March 29, 2019 and also Order dated 02/12/2021 in M. A. No. 1813/2020 in case of Manubhai Hargovandas Patel vs A. P. Khanorkar. In SLP (CRL)No. 1832 of 2019.
This Hon’ble Court in SLP (CRL)No. 1832 of 2019 in case of P. Surendran vs State by Inspector of Police on March 29, 2019 Ruled as under:
Quote Para 10:
“Therefore, we hold that the High Court Registry could not have exercised such judicial power to answer the maintainability of the petition, when the same was in the realm of the Court. As the power of judicial function cannot be delegated to the Registry, we cannot sustain the order, rejecting the numbering/registration of the Petition, by the Madras High Court Registry. Accordingly, the Madras High Court Registry is directed to number the petition and place it before an appropriate bench.” and much detailed in Petition.
Further on 02/12/2021 this Hon’ble Court in M. A. No. 1813 in
case of Manubhai Hargovandas Patel vs Learned A. P. Khanorkar
“…. we are of the view that the applicant/petitioner-in-person
is right insofar as the contention against the order passed by
the Registrar of this Court deciding to lodge the petition….”
Learned Registrar (J-V)-Shri H. K. Juneja have full
i) SLP (CRL)No. 1832 of 2019: P. Surendran vs State by Inspector
of Police as this case law was referred by Petitioner at Para 3.7
of M. A. 1813/2020 and
ii) Order dated 02/12/2021 passed in M. A. No. 1813/2021 which
was embodied in his own Order dated 28/01/2022 directing to
lodge the Petition.
The above facts make it very clear that Registrar (J-V)-Shri
H. K. Juneja have full knowledge that Registry can’t exercise
judicial power to answer the maintainability of the petition which
is realm of the Court. Thus, it is beyond reasonable doubt proved
that learned Registrar (J-V)-Shri H. K. Juneja with full knowledge,
intentionally and wilfully committed Contempt of this Hon’ble
Court by violating Ratio Decidendi, law laid down in judgement
of SLP (CRL)No. 1832 of 2019 and Order dated 02/12/2021 in M.