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Calcutta HC Initiates Contempt Against Lawyer Who Cursed Judge With COVID-19 Infection [Read Order]

Nilashish Chaudhary
24 March 2020 1:19 PM GMT
Calcutta HC Initiates Contempt Against Lawyer Who Cursed Judge With COVID-19 Infection [Read Order]
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The Calcutta High Court on Monday initiated criminal contempt proceedings against a lawyer, Advocate Bijoy Adhikary, for cursing the judge to contract Corona Virus because he refused to grant him his request of an urgent hearing in a matter.

This development happened in a proceeding before Justice Dipankar Datta.

After passing the order on the merits of the request, Datta J. took note of this misbehaviour and recorded that

"Mr Adhikary obstructed the course of administration of justice by not only interfering repeatedly in the course of dictation but also first thumped the addressing table and then banged the microphone on it, more than once."

Despite being warned to behave himself, adds Datta J., the lawyer went on to curse him that he would be infected by the Corona virus and his future shall be doomed.

In his order, the judge goes on to detail the manner in which the lawyer misbehaved in open court. Though he was cautioned about his behaviour, and that contempt proceedings would be initiated against him if he carried on in the same fashion, he shouted unrelentingly at the top of his voice, and despite polite requests he did not seem to care and kept interfering with the dictation of the order, thereby undermining the dignity and prestige of the court.

"Neither do I fear dooming of my future nor being infected by the virus; the majesty of the Court is what is paramount in my mind", observed Justice Datta in deeming it appropriate to issue a notice of contempt to uphold that very Majesty of the Court.

The judge went on to refer to Mr Adhikary's behaviour as "abominable" and that it prima facie amounted to 'criminal contempt' under Section 2(c) of the Contempt of Court's Act 1971. "Therefore, I have no other option but to issue a suo-motu Rule for contempt against Mr. Adhikary", states the order.

The lawyer has been given a fortnight to respond to the notice, and the matter will be taken up before a Division Bench when the Court reopens after Summer Vacations.

Click here to download order

Read Order

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