BEFORE THE COURT OF HON’BLE CHIEF JUDICIAL MAGISTRATE
In the case of: Mrs.498A and Ors.… Applicants
Ram Raheem and Ors. … Non-Applicants
In the matter of:
Complaint against Applicant No.: 1 viz. Mrs.498A seeking strict action under relevant sections/provisions/rules of Cr.PC/RPC for writing/circulation of an open letter in Social Media regarding matrimonial dispute particularly highlighting issue of Domestic Violence thus bringing the matter in Public Domain despite having filed a case bearing CNR No.: 12345-2018 under relevant sections of Domestic Violence Act in on 12.02.2018, the same is pending adjudication before the Hon’ble Court of Ld. 3rd Additional Munsif – the action being tantamount to Contempt of Court being a clear case of Media Trial, creating a Parallel Court besides an unscrupulous attempt to influence and interfere in fair adjudication of the matter.
May it please your Honour:
Most respectfully, the objections are submitted as under:
1. That a case was filed by Applicant No.: 1 namely Mrs.498A before this Hon’ble Court on 12.02.2018 bearing CNR No.: 12345-2018 under relevant provisions/section of Protection of Women from Domestic Violence Act, 2010 and was assigned by this Hon’ble Court to the Court of Ld. 3 rd Additional Munsif whereat, the case came up for hearing/arguments on objections raised by Non-Applicant No.: 1 vis-a-vis entertaining Amendment Application in the case and was accordingly listed on the latest date of hearing before the Hon’ble Court of Ld. 3 rd Additional Munsif on 03.07.2018.
2. That during the pendency of adjudication of the case, the Applicant No.: 1 afforded to write/circulate a faulty and malafide open letter (copy enclosed at Annexure A) to editors of all media outlets in the State of Karela and some outlets in the rest of the Country stating therein assertions/averments that are privy to this case. The same was published by the Media Houses/Outlets/Agencies/ in their newspapers/webpages/social media pages starting from 10.06.2018 and the story along with its various angles/dimensions continued to hog the headlines/limelight for more than a week (Annexure A1).
3. That the Non-Applicant No.: 1 was taken aback and by surprise with this act and was unable to fathom the gravity of the action by Applicant No.: 1 instantly and, due to the story being highlighted in the public domain, was subject to immeasurable mental agony and irrecoverable psychological trauma of being defamed and grossly vilified in public space. The Non-Applicant No.: 1 was subject to mental torture, agony, trauma and due to this calculated campaign of malign by Applicant No.: 1, was unable to move out of his home fearing his safety and security as well as the safety and security of his family was also jeopardized.
4. That the Non-Applicant No.: 1 due to shock and awe resulting from the act of Applicant No.: 1, was not able to collect all evidences thereby amassing the extent of publicity that was given with the intent to malign through the open letter circulated by Applicant No.: 1 and her supporters in her malafide intentions. However, the fact that this news and its various dimensions was carried by prominent Media Houses of local, national and even international repute is testimony to the fact that the allegations-laden open letter floated by Applicant No.: 1 was widely circulated and publicized. Furthermore, the social media particularly Facebook, Twitter, Instagram, YouTube etc. was abuzz and rife with the letter and stories made out of it and the Non-Applicant No.: 1 and his family have since been subject to unprecedented abuse, threat, cruelty, disrepute, harassment, ridicule and malign thus rendering the Non-Applicants and extended family of the Non-Applicants incapacitated to continue normal life in the society.
5. The Non-Applicant No.: 1 was maligned to such an extent and his image was damaged to such a degree that Students of the University of Karela held major protests against Non-Applicant No.: 1 and the University Administration was also coerced by such action to turn hostile against Non-Applicant No.: 1 who is a respected employee of the University of Karela and this action has also resulted in the University Administration constituting Committees against the Non-Applicant No.: 1 and his salary has also been stopped w.e.f June 2018 due to frivolous reasons thus proving without an iota of doubt that the action on part of Applicant No.: 1 has wreaked havoc in the life of Non- Applicant No.: 1 in particular and the other two Non-Applicants in the instant case – parents of Non-Applicant No.: 1 in general which deserves to be taken cognizance of in the strictest of manner.
6. That particularly, a self-styled, unregistered NGO by the name of “Kulti Women’s Collective” was instrumental in preparation of the faulty and malafide open letter as claimed by them on their Facebook page (appended as Annexure B) and has also gone to the extent of claiming that “…Judiciary is Insensitive…” among other unconstitutional and illegal claims and by this way, the purported NGO and its founders/members are trying to run a Parallel Trial of NonApplicants in the form of Media Trial and also striving hard to sway public opinion in favour of Applicant No.: 1. They have been calling for support most aptly in the form of donations and have been collecting money in the name of Applicants No.: 2 and 3. They have also succeeded in interfering with Judicial process by creating an evil image of Non-Applicant No.: 1 which was witnessed first-hand by NonApplicant and his Counsel in a recent case wherein the Hon’ble Judge also spoke of the matter after reading the prima facia reportage in the news of the false and frivolous open letter by the Non-Applicant No.: 1 with the help of self-styled NGO “Kulti Women’s Collective” and only after the humble submissions of the Ld. Counsel for the NonApplicant No.: 1 was the Hon’ble Judge made aware of the real matter.
7. That Non-Applicant No.: 1, when it dawned upon him the gravity of the matter, being a law abiding citizen, instantly sought refuge in law by filing an Injunction Suit and filed it before Court of Hon’ble Principal District and Sessions Judge and the same has now been assigned to the Ld. 1 st Additional Munsif for trial/adjudication.
8. That the incredible open letter circulated by Applicant No.: 1 is replete with allegations of Domestic Violence and various instances that have already been filed by Applicant No.: 1 before Hon’ble Court of 3rd Additional Munsif in the form of a case of Domestic Violence and during the pendency of the case, the act of the Applicant No.: 1 was uncalled for and is clearly tantamount of Contempt of Court and as such deserves to be identified, acknowledged and cognizance of the same is worthy of being taken by the Judiciary in the supreme interests of justice.
9. That the instant case, while pending adjudication before the Hon’ble Court of the 3 rd Additional Munsif, cannot be afforded any undue interference by way of maligning the Non-Applicant No.: 1 in public on the pretext of shaming, defaming and denigrating which is a clear infringement of Constitutional Rights of Non-Applicants in particular and the extended family of Non-Applicants in general who have also, unfortunately been subject to public ridicule and harassment due to the action of the Applicant No.: 1 and her supporters. It has also jeopardised the safe and prosperous future of the Applicants No.: 2 and 3 being minors and also lawful heirs of the Non-Applicant No.: 1 and sharing the same surname, and as a result of the campaign of malign against the Non-Applicant No.: 1, both the minor children have also been affected by way of jeopardy of their reputation and future prospects of a healthy and prosperous life of Applicants No.: 2 and 3. It is to further submit that they do not deserve to be maligned on the pretext of being son and daughter of the Non-Applicant No.: 1 and therefore, are worthy of being removed from the instant case of Domestic Violence as well.
10. That the malafide open letter was designed by Applicant No.: 1 along with her supporters to unduly influence upon wisdom of the Hon’ble Court in order to further Applicant No.: 1’s vested designs of malafide intent and to abuse the sacred process of law leading to travesty of justice which needs to be recognized and due cognizance of this ill-will is deserving to be taken.
11. The falsely concocted open letter has been used as a weapon of vengeance willingly against Non-Applicants and unwittingly, against Applicants No.: 02 and 03 and therefore such intent deserves to be punished and Hon’ble Court deserves to extort its power by taking cognizance of this deep-rooted conspiracy and appropriate prosecution of Applicant No.: 1 under the relevant provisions of law is accordingly warranted.
12. That if no action is taken against Applicant No.: 1 and her supporters particularly office bearers, founders and claimants to purported NGO “Kulti Women’s Collective”, the same will be a grave travesty of Justice and will encourage such action of Applicant No.: 1 and her supporters in having trampled upon Constitutional Rights and respect of Non Applicants thus aggrieving the Non-Applicants beyond repair.
13. That the Non-Applicant No.: 1 also seeks permission of the Hon’ble Court to submit further grounds for stringent action against Applicant No.: 1 at the time of arguments.
14. That this Complaint Application is submitted along with an affidavit duly sworn affirming that the above made averments are true and factual to the best knowledge of the Non-Applicant No.: 1 who is the petitioner in the instant application.
In the above premises, it is most humbly prayed that this Hon’ble Court may be pleased to order that:
a. Due cognizance of this Complaint Application may please be taken by ordering an immediate full-fledged enquiry into the matter and on the basis of facts revealed in the case, stern and stringent action may please be taken against Applicant No.: 1 and her supporters more specifically founders/office bearers of the purported self-styled NGO “Kulti Women’s Collective” for their actions tantamount to Contempt of Authority of the Hon’ble Court of Law and for their deliberate interference in proceedings/process of adjudication by the Hon’ble Court;
b. An impartial enquiry be made into the antecedents of the purported NGO and its office bearers/members/founders, facts of the registration of the said NGO, activities of the said NGO, financial handling of the said NGO besides statement of funds they have collected in the name of Applicants and financial help they have offered particularly to Applicant No.: 1;
c. Cases be registered against Applicant No.: 1 and her supporters more specifically founders/office bearers/claimants of the purported self-styled NGO “Kulti Women’s Collective” under all relevant provisions of Civil and Criminal Codes of procedure as this Hon’ble Court may deem proper and apt in light and view of the averments submitted hereinabove.
d. Any /all other order that this Hon’ble Court may be pleased to pass as it may deem appropriate in light of all the above submitted averments/objections.
AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY;