KALLOL GUHA THAKURATA Vs. BIMAN BASU

JUDGEMENT

(1.) A learned Judge of this Court by a judgment and order dated 29.09.2003 (hereinafter called the said order) initiated a suo motu proceeding against D.C. (Traffic), Kolkata and others and in the said proceeding passed certain orders for controlling the holding of public meetings within certain fixed hours on week days and also gave certain directions in connection therewith. The occasions for passing those orders arose as the learned Judge, while coming to High Court on 24.09.2003, felt obstructed by a procession as a result of which the traffic went haywire and the car of the learned Judge got stuck in the jam.

(2.) The correctness of the said order is not in issue in the instant proceeding. Since the said order contained several directions for controlling the holding of public meetings as also various directions on the public authorities in order to keep the streets of the Kolkata free from such meetings, obviously it touched upon matters of public interest. The said order evoked varied response in public mind. Most of the newspapers lauded it and over it there was considerable media coverage. However, some political parties thought differently and felt that the said order curtails the right of the people to hold demonstration and public meetings on the streets of Kolkata.

(3.) There were various comments in respect of the said order and the comments, with which this Court is concerned in this proceeding, are the ones made by Shri Biman Bose, the alleged contemner in this proceeding. Facts: