JAYANTA HALDER Vs. K. DURGA PRASAD

JUDGEMENT

(1.) In answer to the Rule of Contempt issued in terms of the order dated 15th July, 2016, S.S. Shekhawat, who, at the material point of time, was the Deputy Inspector General of Police, Central Reserve Police Forces, Group Centre, Siliguri, District Darjeeling, is present in Court and is being represented by the learned Additional Solicitor General of India.

(2.) At the outset, learned Additional Solicitor General pleads forgiveness on behalf of his client and submits that his client was always willing to comply with the order of the Court dated 3rd Dec., 2015, passed in W. P. 24661 (W) of 2015, but could not do so in view of some confusion in his mind which crept in due to some legal advice received by him from the Ministry of Home Affairs, New Delhi. According to the learned Additional Solicitor General, compliance of the Court's order was never in issue so far as his client is concerned, but the legal advice he obtained created confusion in his mind with regard to the manner of compliance. The legal advice to which the contemnor refers to, however, has not been produced before this Court in the instant contempt proceeding by the learned Additional Solicitor General.

(3.) Be that as it may, the question that falls for consideration is whether in the facts of the instant case that there has been any wilful or deliberate or contumacious violation of the order dated 3rd Dec., 2015, by the contemnor S.S. Shekhawat or not. It may not be out of place to observe at this point of time that in the meanwhile, the order of the Court dated 3rd Dec., 2015, has been complied with. As such, the matter is now on a very narrow compass and only confined to coming to a conclusive finding as to whether the act of contempt was wilful/deliberate or not.