GHCBA President Requests Recusal Of Judge From Deciding Contempt Petitions Over Liking Social Media Post Related To Case

The Advocate General, Devajit Saikia had filed contempt petitions under Sections 11, 12 & 15(1)(a) of the Contempt of Courts Act, 1971, read with Article 215 of the Constitution of India, alleging that Anil Kumar Bhattacharyya (Senior Advocate) and another advocate (Pallavi Talukdar) of the Gauhati High Court have committed criminal contempt by making scandalous remarks against an individual Judge as well as the High Court.

The allegation against Senior Advocate, Kamal Nayan Choudhury, President, Gauhati High Court Bar Association (respondent No.2) is that the respondent No.1 has made such scandalous remarks with the consent and connivance of the respondent No.2.

It is to be noted that a bench comprising the Chief Justice Vijay Bishnoi and Justice Unni Krishnan Nair reserved the judgement after hearing the said contempt petitions on April 8.

However, on April 9, Senior Advocate, Kamal Nayan Choudhury mentioned the matter before the Court and submitted that Justice Nair has liked a post of Prag News about criminal case registered against a section of lawyers.

“There is post My Lord in this channel called Prag News………....Criminal Case has been registered against a section of the lawyers of the Association. This is the post and this post has been liked by none other than Justice Unni Krishnan Nair,” Choudhury submitted.

“So,” asked the Chief Justice.

“Your Lordships, it is my duty to point out. I am just pointing out. Here is a news item which says some lawyers of the Association are booked under criminal law, a judge is adjudicating the issue and he is liking it. So, therefore in my humble submission his lordship should recuse from the case,” Choudhury argued.