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Dr.D.C.Saxena v. Hon’ble chief justice of India (AIR 1996 SC 2481)
Dr.D.C.Saxena was a professor of English University. He filed a writ petition in the Supreme Court by way of public interest litigation seeking to recover from the Prime Minister Mr.P.V.Narasima Rao the expenditure incurred for his private use of Indian Air Force AirCraft and Helicopters. The writ petition was dismissed summarily without going into the merits by the bench consisting of Honable chief Justice Mr.A.M.Ahmedi and others.

Thereafter,Dr.D.C. Saxena filed a second writ petition against the chief justice of India. In this petition he contented that his first writ petition was dismissed by Chief Justice by receiving brief and he prayed for the following.

1. The respondant be declared as unfit to hold the office of chief justice of India.
2. His citizenship should be withdrawn and a case be registered against him for forgery and fraud.
3. Direction to prosecute the Respondent under the prevention of Corruption Act.
4. Direction to the Chief Justice of India to give from his pocket the expenses incurred for filling this writ petition.

The Supreme court issued a show cause notice against him for contempt of court because several averments in the writ petition are scandalous, and the allegation made are reckless attack on the chief justice of India.

Sexena denied all the allegations. He pleaded that he had filed this petition only on public interest and there is no bad intention in filing this petition. He even pleaded that if the court wants, he is ready to withdraw the petition or ready to make the necessary changes in the petition.

The court did not accept this argument and held that withdrawal or making changes in the petition cannot cure the contempt already committed by the scandalous remarks made in the petition. The court passed an order of three months simple imprisonment and a fine of Rs.2000 for contempt of court and the writ petition was also dismissed.

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