BIMAN BASU Vs. KALLOL GUHA THAKURTA

JUDGEMENT

(1.) This appeal preferred under Section 19(1) of the Contempt of Courts Act, 1971 is directed against the judgment dated 31st March, 2005 of the High Court of Calcutta in C.P.A.N. No. 1535 of 2003 whereby the appellant has been held to have committed criminal contempt as defined in Section 2(c) of the Contempt of Courts Act, 1971 and sentenced to undergo simple imprisonment for a period of three days and to pay a fine of Rs. 10,000/-.

(2.) The origin of the proceedings is traceable to an incident that had taken place on 24th September, 2003 when some of the Judges of the Calcutta High Court while on their way to the High Court were Rs. detained by a police officer so as to allow a procession of adivasis to pass by who were out to press their demand for recognition of Shanthali as one of the Scheduled language under the Constitution of India. Justice Amitava Lala of that Court felt the procession caused enormous disruption not only to the "official business of the Court" but also "the people at large". The learned Judge issued suo-motu rule of contempt upon Deputy Commissioner of Police (Traffic) and other police officers. As is evident from the order dated 29th September, 2003, the learned Judge felt humiliated as the police officers refused to make necessary arrangements for the free movement of his car so that he could reach the Court on time. The learned Judge was of the opinion that the "Court does not mean Court room but movement of the Judge even outside, at least when he is moving to discharge his official functions". It is under those circumstances that the learned Judge thought it fit that it was high time to issue suo-motu rule of contempt upon the appropriate public authorities to show cause. The learned Judge in the said contempt proceedings initiated by him suo-motu issued as many as twelve directions/guidelines with respect to traffic regulations and holding of processions/meetings in the city of Kolkata. We wish to say no more on this aspect of the matter since the directions so issued by the learned Judge are stated to be under the consideration in appeal before a Division Bench of the High Court.

(3.) The appellant herein is alleged to have not only criticized the order but also made certain adverse comments against the Judge who passed the said order. These comments were widely reported and published in various newspapers on 5.10.2003. In the meanwhile, a Division Bench of the Calcutta High Court stayed all the directions issued by the learned Single Judge on 29th September, 2003 in the contempt proceedings concerning the regulation of traffic and processions/public meetings. The respondents in this appeal moved a contempt petition in the High Court on 13th October, 2003 with a prayer to initiate appropriate contempt proceedings against the appellant for making deliberate and willful derogatory, defamatory and filthy statements against Justice Amitava Lala which were widely published in the newspapers and electronic media. In their petition, the respondents pleaded that the derogatory, defamatory and contumacious statements and remarks made by the appellant constitute a straight and direct attack upon a sitting High Court Judge and the same has not only lowered the dignity of the sitting High Court Judge but also total judicial system of the country. They have accordingly prayed to initiate contempt proceedings against the appellants "under Sections 2(a), 2(b), 2(c) and 2(d) or any other applicable Sections of the Contempt of Courts Act, 1971 and to put him behind the bars and also to saddle him with fine...". They have also prayed for award of costs and other incidental charges in connection with the contempt application. The contempt petition was duly supported by an affidavit as required and solemnly affirmed by the first respondent. In the affidavit, it is specifically stated that the statements, comments and averments made in paragraph Nos. 1 to 4, 6 and 8 are true to his knowledge.