ARUN KUMAR MUKHERJEE Vs. ASHUTOSH GUHA

JUDGEMENT

(1.) On 6-11-1953 Sri Arun Kumar Mukherjee, Sub-Divisional Magistrate, Raiganj addressed a letter to the Registrar of this Court in which he alleged that Ashutosh Guha, a pleader of Raiganj who had appeared on behalf of one Uma Charan Chakrabarty against whom an order under Section 144, Criminal P. C., had been passed by the Sub-Divisional Magistrate had while arguing a case in the court of the local Munsif put forward a copy of the Magistrate's order under Section 144, Criminal P. C., and called it an act of 'executive goondaism' of the Sub-Divisional Magistrate. After a report was obtained from the learned Munsif, Guha and Guha Ray JJ. issued a Rule on the lawyer to show cause why he should not be dealt with for contempt of the Sub-Divisional Magistrate's Court. The lawyer has appeared before us and has sworn an affidavit in which he states that after the pleader for the defendant had placed the order of the Sub-Divisional Magistrate under Section 144, Criminal P. C., before the Court he in course of his argument did not refer to the order, but said

(2.) When a Magistrate acts under Section 144 of the Code of Criminal Procedure he clearly acts as a Judicial Officer. It is to be remembered, however, that in this province the same Magistrate also exercises executive functions. As the maintenance of public peace is essentially a duty of the executive authorities one can well understand the act of the Sub-Divisional Magistrate under Section 144, Criminal P. C., being considered to have been performed from the executive standpoint though in essence a judicial act. In deciding whether characterisation of action of this kind as 'executive goondaism' or 'executive zubberdastism' impaired the dignity of the Court, we have to remember that the remark was. made in course of arguments. High flown language has often to be used in trying to persuade a court to a particular view. Some amount of latitude must be allowed to lawyers when addressing arguments in Courts of law. We think, that the use of the word 'executive' goondaism' would be very improper; the use of the word 'executive zubberdastism would he less objectionable. But whether one or the other word was used, it was a trivial matter. . If we take action for contempt of Court for use of such words it will amount to such serious interference with the activities of Counsel in Court that the effect on the administration of justice may well nigh be disastrous.

(3.) In consideration of these circumstances we do not think it necessary to take any action in the matter.