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A Supreme Court bench of Justices AM Khanwilkar and AS Oka today dismissed a plea filed by a person named Osama Aziz to initiate contempt proceedings against Justice Narendra Kumar Johari of Allahabad High Court (who was in 2018 the District and Sessions Judge of Lucknow), the Superintendent of Police at Aligarh and Public Prosecutor of Lucknow District and Sessions Court.

Aziz had alleged that the above-mentioned parties were in contempt of court for not following the order of the Supreme Court dated April 27, 2018, whereby the court had directed “the Senior Superintendent of Police, Lucknow to provide sufficient security to the petitioner for his appearance before the district court on each date fixed from his residence to the court and thereafter from the court to his residence so long as danger to his security persists."

Court had then also ordered that "the District Judge shall also supervise that the petitioner is provided sufficient security to pursue the matter before the court and shall also ensure that no hindrance, by any person, is created in his right to move the court for getting justice.”

Aziz had in the year 2018 approached the court stating that a case was registered against him on the basis of allegations posed by Advocate Airaz Ahmad Siddiqui, in order to create his influence in the area in collusion with the police. Aziz had prayed for his bail in the matter. 

Aziz had alleged that when he was present for his bail before the court concerned, Siddiqui along with other persons entered the courtroom and started beating him with kicks and fists and Danda while he was in judicial custody in the presence of the Magistrate. He submitted that the police force was called however no one was caught in relation to the case.

After the investigation, police submitted charge sheet only against three accused persons and since Aziz was not satisfied with the investigation, he had approached the High Court and Supreme Court to secure the above directions.

Aziz, appearing in person today, asked Justice Khanwilkar to recuse from hearing the case, however since his prayer was not accepted, he further submitted that the High Court and the Supreme Court have to pass a reasoned order in the matters he had filed.

The court on hearing his submissions dismissed the petition noting, “The petitioner appearing in person (requests) that this petition is heard by some other bench, however since there is no tangible reason, we reject it. As regards merits, this WP has essentially been filed to initiate contempt against the respondents, after having gone through (it), we find no reason. The grievance is that no reason has been assigned while dismissing the petition, finding no reason is in itself a reason/expression of opinion. Hence dismissed”

Case title: Osama Aziz Vs Kalanidhi Naithani & Ors