Calcutta High Court Issues Contempt Rule Against Lawyers Who Created Ruckus In Trial Court, Abused Judge & Evacuated Accused From Courtroom

The Calcutta High Court has issued rule of contempt against six lawyers from Basirhat court who, in 2012, had allegedly created a ruckus inside the courtroom, abused the trial judge, intimidated the litigants and evacuated the accused from inside the courtroom under the garb of the agistation. A division bench of Justices Debangsu Basak and Md Shabbar Rashidi held: "...6 persons against whom, show cause notices were issued in the present proceedings, evacuated some accused in a criminal case in the garb of agitation from inside the court room, used abusive language as against the Judicial Officer inside the Court room, indulged in slogan shouting as against the Judicial Officer when the Court was in seisin, did not allow the Court to discharge the judicial functioning on that particular date, coerced such litigants inside the court room to leave court room and prevented the Judicial Officer from passing any orders in any judicial proceeding...Materials exist to issue Rule of Contempt against the six persons.""In such circumstances, Rule be issued in terms of Form 2 of Appendix I of the Rules framed under the Contempt of Courts Act, 1971 of this Hon'ble Court against the six persons namely, a) Mr. Debabrata Golder, b) Mr. Biswajit Ray, c) Mr. Ismail Miya, d) Mr. Bikash Ghosh, e) Mr. Abdul Mamun and f) Mr. Kalicharan Mondal," it added. Contempt Rule in the case was pending since 2012, as the judgment in respect of the Rule was reserved on August 24, 2012 by the coordinate Bench. Judgment was not delivered.The Rule emanated out of a reference made by the then Additional District & Sessions Judge, Fast Track Court-III, Basirhat, North 24 Parganas who forwarded a copy of an order requesting a reference under the Contempt of Courts Act, 1971. Registrar General placed such letter before the Zonal Judge, and the Judge-in-Charge made a noting that the prayer of the concerned Judicial Officer for initiation of contempt proceeding may be brought to the notice of Chief Justice for consideration. The Chief Justice by a noting dated July 2, 2012 placed the matter before the coordinate Bench for consideration.By the first order of the coordinate Bench, it directed issuance of show cause notices to the 6 persons. The matter was considered from time to time by the coordinate Bench and affidavit was filed by the 6 persons in the matter. The matter was reserved for judgment on August 24, 2012 by the coordinate Bench.Matter was then placed in the list by the Department in view of the present determination of the Court and taken up on March 17, 2025.While the Senior Advocate appearing for the alleged contemnors raised points of limitation as also absence of Rule being issued as against his clients, in course of argument, he withdrew such contentions.Nonetheless, the court found that there is no question of limitation since the reference was made within time prescribed. "The incident is of June 6, 2012 and the first judicial order passed by the High Court in the judicial side is dated July 3, 2012. We are of the view that, the present proceedings are not barred by the limitation prescribed under the Contempt of Courts Act, 1971 since, the reference by the Judicial Officer concerned was made within time. High Court took the cognizance of the reference within time and that, the reference is still pending," the Court said. Accordingly, it issued rule and made it returnable on 28th March.Case: Court on its own motion Vs. Debabrata Golder & OrsCase No: CRLCP 8 of 2012Click here to read order

Calcutta High Court Issues Contempt Rule Against Lawyers Who Created Ruckus In Trial Court, Abused Judge & Evacuated Accused From Courtroom

Srinjoy Das

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