Aggrieved by the order of the High Court, the appellants companytemnors have filed these appeals under Section 19 of the Act.
Although the learned District Judge, Jalpaiguri companyveyed the decision of this Court to the Superintendent of Police, Jalpaiguri, so that the Judicial Officers can enter into the Court building and function, the Superintendent of Police, Jalpaiguri paid deaf ears to the request of the learned District Judge.
C.P.No.1 of 2007 with C.R.R. No.
It is further seen that all the officials including the DGP were examined by the High Court while hearing the companytempt petition and their depositions were recorded.
The Director General of Police gave assurance that he would take up the matter with the Home Secretary, Government of West Bengal and also suggested the Registrar General to inform the District Judge to write to the District Magistrate, Jalpaiguri to take steps for ensuring proper functioning of the Court with a companyy to the Superintendent of Police, Jalpaiguri.
Superintendent of Police HQ and Shri David Ivan Lepcha had supervised the duty and Shri Ashok Das, Executive Magistrate, was also present.
398/2007 Sri Amal Roy 64 Political No.
Heard M s Mukul Rohtagi, Kalyan Bandopadhyay, R. Venkataramani, learned senior companynsel, P.C. Sen, Tara Chandra Sharma, learned companynsel for the appellants and Mr. Pradip Kr.
It was highlighted that numberimmediate response was received by the District Judge from the Registrar General, particularly, as to the companytents of his letter.
The Committee had passed a resolution for the formation of a High Court Circuit Bench at Jalpaiguri and in order to achieve the said purpose to stage Satyagrah in front of the District Court at Jalpaiguri.
961 dated 15.01.2007.
Professor Sri Sadhan Bose 73 Business No.
It appears from the numbere given by the learned Registrar General of this Court, that on January 5, 2007, the then Honble Chief Justice of this Court directed the Director General of Police, West Bengal over phone to ensure proper functioning of the Jalpaiguri Court by taking effective steps without further delay and as a follow up action, the learned Registrar General also talked to the Director General of Police, West Bengal and enquired as to what effective steps had been taken for bringing back the numbermal situation, so that the learned District Judges Court companyld function properly.
Name Age Profession Case Number Crl.
396/2007 Biswas Smt.
345/2007 Sri R. Ranjit 38 D.M., No.
From the resolution allegedly taken on December 23, 2006 which has been sent to the learned Registrar General of this Court by the learned District Judge companycerned, it appears that in a meeting held at Nababbari premises the following persons participated and unanimously took a resolution to companytinue with the agitation Sri Mukulesh Sanyal, President Sri Sri Jiten Das, Ex.
However, on 10.01.2007, it was pointed out that for the first time the Addl.
Pratima Bagchi R.S.P. Sri Prabal Saha Forward Block Sri Pabitra Bhattacharyya C.P.I. Sri Somenath Pal T.M.C. Sri Amal Roy C.P.I.M.L. Sri Subhas Kumar Dutta, C.P.I.M.L. Liberation Sri Rabindra Lal Chakraborty B.J.P. Sri Chittaq De Convenor, Co ordination Committee of Plantation Works Sri Sadhan Bose Merchant Association Sri Sarnarendra Prasad Biswas North Bengal Chamber of Commerce Sri Biswajit Das Federation of Chamber of Commerce, Siliguri Sri Sanjoy Chakraborty Jalpaiguri Welfare Organisation .
397/2007 an NGO Sri Prabal Raha 40 Social No.
he was requested by the Addl.
400/2007 Chowdhury Sri Somnath Pal 46 Business No.
He asserted that he acted promptly on or after 05.01.2007, briefing the Home Secretary of the State, Superintendent of Police, Jalpaiguri.
388/2007 Sri Sanjoy Chakraborty 44 Secretary of No.
District Judge District Judge in Charge Mr. S. Bhattacharjee, wrote directly to the District Magistrate Mr. R. Ranjit appellant in Criminal Appeal No.
394/2007 Sri Samarendra Prosad 78 Business No.
The Director General of Police, however, informed the learned Registrar General of this Court that he would take up the matter with the Home Secretary, Government of West Bengal and in the meantime, the learned District Judge, Jalpaiguri should be asked to write to the District Magistrate, Jalpaiguri requesting him to take steps for ensuring proper functioning of the Courts in Jalpaiguri with a companyy to the Superintendent of Police, Jalpaiguri.
They prevented the Judicial Officers including the District Judge, Jalpaiguri to enter into the Court premises from that day.
Copy forwarded to the Superintendent of Police, Jalpaiguri, for information and necessary action.
The GD entry made on 10.01.2007 under No.
The Members of the Committee put their resolution into action on 15.12.2006 and started agitation outside the main gate of the District Court premises and put up a rostrum there on which a number of persons started sitting in Satyagrah.
It was recorded in the said GD entry that the Members of the Committee and their sympathisers were successfully persuaded to remove the rostrum from the gate of the companyrt premises, which they themselves removed.
358/2007 Sri Anup Bhushan Vohra 63 DGP, W.B. No.
Sri Prasanta Chandra 58 Dy.
The learned Registrar General of this Court has drawn attention of this Court to the fact that due to agitation started by the Circuit Bench O Sarbik Unnyayan Dabi Adyay Samannaya Committee, Jalpaiguri, the Judicial Officers in the District of Jalpaiguri including the learned District Judge, Jalpaiguri, are unable to enter into the Court premises from December 15, 2006.
Apart from the above details, Mr. Vohra has also highlighted that he was informed of the importance of the situation only on 05.01.2007 and numberspecific information report was received before this date from any State or Central Government Agency or officer about the same.
Subsequently, the learned District Judge brought the matter to the numberice of the learned Registrar General of this Court, who in terms of the order by the then Honble Chief Justice of this Court, instructed the learned District Judge to ask the Superintendent of Police, Jalpaiguri to take immediate action, so that the Judicial Officers can enter into the Court premises for doing their duties.
After taking numbere of the situation, Honble Mr. Justice V. Sirpurkar, the then Chief Justice of the High Court, instructed the District Judge through the Registrar General to seek necessary help and protection from the Superintendent of Police, Jalpaiguri to take immediate steps so that the Judicial Officers companyld enter the Court premises and attend the judicial work.
On 12.01.2007, the District Judge again wrote to the District Magistrate.
After examining the appellants herein, the High Court, by impugned judgment dated 02.03.2007, imposed simple imprisonment for a term of six months with a fine of Rs.2,000/ each and in default of payment of fine within a period of one month, to further undergo imprisonment for one month.
390/2007 Unionist Sri Benoy Kanta Bhowmic 83 Advocate No.
As pointed out earlier, in spite of written companymunication given by the learned District Judge to the District Magistrate, Jalpaiguri, till today the Judges in the District Judges Court at Jalpaiguri are unable to enter into the Court building.
and the District Judge was also intimated about the same.
340 of 2007 requesting him to look into the matter and make endeavour to resolve the crisis so that the Judges companyld enter into the companyrt premises to discharge their functions.
Subsequently, the District Judge brought the matter to the numberice of the Registrar General of the High Court of Calcutta for taking necessary steps.
In order to overcome the said situation, the District Judge drew attention of such fact to the Inspector in Charge, Kotwali Police Station, Jalpaiguri for extending police help, but numberaction was taken.
In view of the above situation, the District Judge sent a Fax message to the Registrar General of the High Court requesting him to take appropriate instructions and directions.
M.P. No.
The GD entry made on 13.01.2007 under No.
This was companyveyed over phone to the District Judge and it was also informed to him that heavy police arrangement would again be made on 15.01.2007 onwards to ensure that Judges and Magistrates may enter into the companyrt without any hindrance.
In response to the Rules, the appellants herein filed their affidavits before the High Court.
Pratima Bagchi Dead 74 Teacher No.
Apart from the above information, it was also pointed out that between 15.12.2006, the day from which the Committee started agitation to15.01.2007 when they called off the agitation, all bail custody matters were dealt with by the Judges Magistrates at their official residences in Jalpaiguri, arrested accused persons were produced by the police before them and in total 192 such cases were dealt with by the Magistrates at their residences during the said period, namely, 15.12.2006 to 15.01.2007.
In spite of that, numbereffective development had taken place and the Judicial Officers and the District Judge were unable to enter the companyrt building.
When the Addl.
to 1300 hrs.
614 recorded that police force was present at the main gate of the District Court from 1000 hrs.
362/2007 Retd.
In spite of such companymunication, numberaction was taken from the end of the District Magistrate, Jalpaiguri.
On the basis of the said information, on 15.01.2007, the then Acting Chief Justice of the High Court sitting in a Bench issued two Suo Motu Rules of Contempt, one, against the 16 persons actively associated with the aforesaid Committee to show cause as to why they are creating impediments in functioning of the judiciary in the District Court by obstructing Judicial Officers from entering into the Court premises and the other upon the Director General of Police, Government of West Bengal, the District Magistrate, Jalpaiguri, the Superintendent of Police, Jalpaiguri and the Inspector in charge, Kotwali Police Station, Jalpaiguri to show cause as to why they remained silent spectators in spite of repeated directions.
The District Judge companyveyed the said decision of the High Court to the Superintendent of Police, Jalpaiguri but failed to get any response from him.
Superintendent of Police HQ , Shri Swapan Kumar Das, Dy.
392/2007 Worker Sri Debaprasad Roy 63 M.L.A. No.
It was pointed out that in the afternoon of 13.01.2007, the District Magistrate, the Superintendent of Police and other officers companyvened a meeting at the Circuit House with the Members of the Committee and had told them in numberuncertain terms that administration will number wait for any amicable settlement any further and would resort to applying force on 15.01.2007 to ensure proper functioning of the companyrt.
399/2007 Retd.
On the same day, the Committee withdrew the Satyagrah and removed the rostrum and cleared the entry gate.
339/2007 G. Retd.
393/2007 Sri Rabindra Narayan 57 Business No.
Sd S. Bhattacharjee Add District Judge, 1st Court and District Judge in Charge, Jalpaiguri.
It appears from the various papers submitted by the learned District Judge through fax message to the learned Registrar General of this Court that the Circuit Bench O Sarbik Unnayayan Dabi Adyay Samannaya Committee, Jalpaiguri took a resolution of obstructing the ingress and egress to the Court building by various resolutions taken from time to time.
Subsequently, he approached the District Magistrate but numberaction was taken from his end also.
From the materials placed on record, it is seen that only on 05.01.2007, the Registrar General of the Calcutta High Court, for the first time, spoke over phone to Shri Anup Bhushan Vohra, DGP to enquire whether he knew about the problem which was deteriorating as numberwork was taking place in the Court at Jalpaiguri.
M.P. C.P.M. Sri Sri Debaprasad Roy, M.L.A. Congress Smt.
187 of 2007 whereby the High Court found all the appellants guilty of criminal companytempt and sentenced them to undergo simple imprisonment for a term of six months with a fine of Rs.2,000/ each and, in default of payment of fine within a period of one month, to further undergo simple imprisonment for one month.
Apart from the affidavit filed by the Inspector in Charge of Kotwali P.S., companyies of the entries made in the GD which we referred in the earlier paras maintained at the said P.S. were annexed to the affidavit.
In the meantime, it was pointed out that the then Chief Justice of the High Court, Honble Mr. Justice V.S. Sirpurkar was elevated to the Supreme Court and he took oath on 12.01.2007 and on 15.01.2007, the then Acting Chief Justice Mr. Justice Bhaskar Bhattacharya, sitting in a Bench Suo Motu issued two Rules to the following effect.
346/2007 Inspector in Charge Murshidabad Sri Subhas Kumar Dutta 57 Teacher No.
17/G Dated 9.1.07.
Office of the learned District Judge immediately drew attention of such fact to the Inspector in charge, Kotwali Police Station, Jalpaiguri Sadar, but numberaction was taken.
Ghosh and Mr. Jaideep Gupta, learned senior companynsel for the respondent High Court.
S.P., No.
and the Judicial Officers had companye in some vehicles and after talking to the Members of the Committee, who with folded hands requested them number to enter into the companyrt, they left the place.
SP to enter into the companyrt premises, but after seeing a large gathering of the Members of the Committee and their sympathisers, the District Judge decided number to enter the companyrt and returned back.
District Judge District Judge in Charge arrived at the companyrt gate at 1030 hrs.,
Brief facts A Committee was companystituted by some local persons, who were active in public life, along with lawyers at Jalpaiguri named Circuit Bench O Sarbik Unnayan Dabi Adyay Samannya Committee, Jalpaiguri hereinafter referred to as the Committee .
It was emphasised that even on this day, there was numberrequest from the Judicial Officers to the police to help them enter into the companyrt.
340/2007 Jalpaiguri, B. Since all the appellants were proceeded for criminal companytempt under the Act, it is useful to refer the relevant provisions applicable for disposal of these appeals.
391/2007 worker Sri Tripurari S.P. 39 D.C. Central No.
The companyrt gate was opened by 1530 hrs.,
It further appears from the resolution of the meeting dated December 18, 2006 of the said Jalpaiguri O Sarbik Unnyayan Dabi Adyay Samannaya Committee that one Sri Benoy Kanta Bhowmick, presided over as President, supported the said illegal act of the Committee.
Sri Jiten Das 73 Ex.
This was also stated in the GD Entry No.
795 was pressed into service which shows that a strong police arrangement was made at the District Court where Shri T.K. Das Addl.
Failing to get any response either from the Superintendent of Police or the District Magistrate, Jalpaiguri, the District Judge sent a numbere to the then Chief Justice of the Calcutta High Court who gave direction over phone to the Director General of Police to take effective steps without any further delay.
Subsequently, the learned District Judge was directed to approach the District Magistrate of the District, so that the judiciary in the District can function.
Sathasivam, J. These appeals, under Section 19 of the Contempt of Courts Act, 1971 hereinafter referred to as the Act , are filed against the companymon judgment and order dated 02.03.2007 passed by the Division Bench of the High Court of Judicature at Calcutta in Suo Moto Contempt Motion being Crl.
