LexANUP BHUSHAN VOHRA versus THE REGISTRAR GENERAL, HIGH COURT OF JUDICATURE AT CALCUTIA
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[2011] 15 (ADDL.) S.C.R. 703 ANUP BHUSHAN VOHRA v. THE REGISTRAR GENERAL, HIGH COURT OF JUDICATURE AT CALCUTIA (CRIMINAL APPEAL NO. 339 OF 2007) SEPTEMBER 16, 2011 [P. SATHASIVAM AND DR. B.S. CHAUHAN, JJ.] A B Contempt of Courts Act, 1971 - s.2(c) rlw s. 12 - Criminal contempt - Committee constiti.Jted by some local persons C active in public life, along with lawyers at Jalpaiguri - The Committee passed resolution for formation of a High Court Circuit Bench at Jalpaiguri - Members of the Committee put their resolution into action by starting agitation outside the main gate of the District Court premises - Issuance of Suo D Motu Rules of Contempt, one, against the 16 persons actively associated with the aforesaid Committee to show cause as,to why they were 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 E 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 siient spectators in spite of repeated directions - Appellants! F contemnors filed affidavits - High Court found the appellants! contemnors guilty of criminal contempt and sentenced them to undergo simple imprisonment for six months - Justification - Held: In the facts and materials placed and demonstrated, the conclusion of the High Court that the appellants, more G particularly, government officials were responsible for "aiding and abetting the agitators by non-action" cannot be accepted - No acceptable material to hold that the officials committed criminal contempt of the Judges in the District of Jalpaiguri ' 703 H 704 SUPREME COURT REPORTS [2011] 15 (ADDL) S.C.R. A by deliberately taking no action against the agitators resulting in interference with the due administration of justice - In the absence of any order either on the judicial side by the Chief Justice of the High Court or any communication and direction through the Registrar General and in view of the assertion of s appellant-DGP in the form of an affidavit about the conversation made by the then Chief Justice and himself, the contrary conclusion arrived at by the High Court holding that the appellant-DGP disobeyed the order of the Chief Justice to take immediate step for restoration of functioning of the c judiciary in the District cannot be accepted - There was no wrongful restraint on the Judges and Judicial Officers of the District Court as is evident from the GD entries wherein it was recorded that the Judges and Judicial Officers had acceded to the request of the agitators and restrained themselves from 0 entering the court premises though police force was present at the spot to facilitate their entry as and when directed - lna,.smuch as the matter pertains to criminal contempt, the issue is to be proved beyond reasonable doubt- In the instant case, it is clear that charge against the criminal contempt was not made out in the manner known to law - No case was made E out to punish the appellants under "criminal contempt" in terms of s.2(c) r/w s. 12 of the Act- Also, all the appel/ants had filed separate affidavits explaining their stand and tendered unconditional apology at the earliest point of time - The High Court ought to have accepted the affidavits F tendering apology - Calcutta High Court Contempt of Courts Rules, 1975. A Committee was constituted by some local persons, who were active hr'):lublic life, along with lawyers at G Jalpaiguri. The. Committee 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. The Members of the Committee put their resolution into action on H 15.12.2006 and started agitation outside the main gate of ANUP BHUSHAN VOHRA v. REGISTRAR GENERAL, HIGH 705 COURT OF JUDICATURE AT CALCUTTA the District Court premises and put up a rostrum there A on which a number of persons started sitting in Satyagrah. The Acting Chief Justice of the High Court sitting in a Bench issued two Suo Motu Rules of Contempt, one, 8 against the 16 persons actively associated with the aforesaid Committee to show cause as to why they are creating impediments in functioning of th
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