SAMARENDRA KUMAR MUKHERJEE Vs. K M LAL

JUDGEMENT

(1.) This Contempt Rule was issued on 20th May, 1983 by Mr. Justice G. N. Ray for violating the Court's Order dated 2nd August, 1982. His Lordship released the matter from his list and it was assigned to Mr. Justice M. K. Mukherjee and His Lordship too was not inclined to take up the matter on personal ground and ultimately the Hon'ble the Chief Justice assigned the matter to me on 26th April, 1990.

(2.) On 11th May, 1990 it was detected that one Sri Animesh Ranjan Dutta, Assistant Registrar of Co-operative Societies, West Bengal Tribal Development Co-operative Corporation, Contemner No. 3, filed an Affidavit-in-Opposition duly affirmed on 16th March, 1987 on his behalf and on behalf of the Contemners Nos. 1 and 2. On that date I passed the order accepting the Affidavit-in-Opposition so far as the Contemner No. 3 was concerned and rejected the Affidavit-in-Opposition so far as the Contemners Nos. 1 and 2 were concerned as the Contemner No. 3 filed the Affidavit on behalf of the said Contemners as duly authorised by them. I further made observation that in a Contempt Rule Affidavit-in-Opposition must be filed by each and every Contemner and it cannot be filed by anybody else as the contempt is against the person concerned.

(3.) On 1st June, 1990 when the matter was taken up for further hearing the learned Advocate for the Contemners, Mr. J. Chakraborty, cited a decision by Mr. Justice A. K. Janah (as His Lordship then was) and certain Rules of the Contempt of Court Act to bring home the point that a Contemner can file Affidavit on behalf of other Contemners as well. As such I adjourned the matter so that an order dealing with the legal aspect of the point raised might be passed.