Delhi High Court Holds 12 Men Guilty Of Criminal Contempt For Assaulting Lawyers In Kolkata
The Delhi High Court has held 12 men guilty of criminal contempt for assaulting 11 lawyers appointed as Court Commissioners in Kolkata in 2015. A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar imposed fine of Rs.2,000 on each of the Contemnors and sentenced them to undergo simple imprisonment for one day.Though all the contemnors tendered...
The Delhi High Court has held 12 men guilty of criminal contempt for assaulting 11 lawyers appointed as Court Commissioners in Kolkata in 2015.
A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar imposed fine of Rs.2,000 on each of the Contemnors and sentenced them to undergo simple imprisonment for one day.
Though all the contemnors tendered their unconditional apologies, the Bench sentenced them looking at the fact that the Advocate Commissioners were manhandled, suffered serious injuries and that the Police Officers accompanying them had also suffered serious injuries.
The suo motu proceedings were initiated on 2015 after the Court was informed about the incident. Notices were sent to Kolkata's Commissioner and Deputy Commissioner of Police. Show cause criminal contempt notices were also issued to the contemnors.
The Court was informed that the 11 Advocate Commissioners who had gone to Kolkata to perform the task entrusted to them by the Delhi High Court were attacked by an unruly mob which had gathered there to prevent them from performing their task.
The matter was mentioned by one of the advocate commissioners who was severely injured around his right eye, left cheek and two of his front teeth were broken in the incident which took place during the execution of the commission.
He had also made a mentioning about the fact that the other Advocate Commissioners accompanying him were also beaten up and that they had to flee.
The advocate commissioners were entrusted to visit various premises in Kolkata who were accused of selling counterfeit Samsung products including hand held phones, mobile phones, tablets and accessories. The trademark infringement suit was filed by Samsung Electronics Company Limited in 2014.
In its order passed on August 22, the Court observed that mere bystanders who were misguided about the incident, who without knowing that they were interfering in the administration of justice, could not be brought within the four corners of the Criminal Contempt of Courts Act, as they do not fall within the definition of criminal contempt.
“This Court is only concerned with such of those persons against whom there is material to show that they have taken steps to prevent the Advocate Commissioners from carrying out the commission,” it said.
The Court observed that the Court Commissioners were brutally beaten up by the Contemnors, striking terror in their minds and forcing them to flee from the place.
It added that the idea was to dissuade Local Commissioners from performing the work assigned to them by the Court and that interfering with the work assigned to the Advocate Commissioners amounted to interference in the administration of justice.
“If such of those persons who have interfered with the administration of justice are not dealt with heavy hands, the majesty of law will come down in the eyes of ordinary citizens which will have a deleterious effect on the fabric of the society. It is, therefore, imperative; rather, duty of the Court, to ensure that people who interfere in the administration of justice are dealt with severely so that people respect and adhere to law for the rule of law to prevail,” the Bench concluded.
Title: COURT ON ITS OWN MOTION v. M/S OBSESSION NAAZ & ORS
Citation: 2025 LiveLaw (Del) 1007