LIAKAT ALI Vs. KAMALA KEOT

JUDGEMENT

(1.) This appeal under Section 19(1) of the: Contempt of Courts Act, 1971 has been directed against the JUDGMENT & ORDER dated 6.5.99 passed in Civil Original Contempt Petition No. 515/94 whereby the learned Single Judge held the appellant, a Judicial Officer, guilty of contempt of Court and sentenced him to undergo simple imprisonment for a period of one month and to pay a fine of Rs.2,000/-, in default, to undergo detention for one month. The contempt petition was initiated at the instance of Shri Kamala Keot, the respondent herein, who was ordered to be detained in civil prison for a period of two months by Shri Liakat Ali, Munsiff No. 1 at Mangaldoi, the appellant before us.

(2.) We have heard Shri P.K. Goswami, the learned Senior Counsel for the appellant and also heard Mr D.K. Talukdar, the learned senior counsel appointed as the amicus curiae to assist the Court in the matter. None appeared for the respondents despite service.

(3.) The facts which eventually culminated in the contempt petition are that on 14.10.93 the learned Munsiff No. 1 at Mangaldoi, the appellant, passed an order in Miscellaneous Judicial case No. 12/92 directing that Kamala Keot, the respondent, be detained in civil orison for two months and by the same order his properties were also directed to be attached. This order was passed in an execution proceeding. Accordingly, Kamala Keot was arrested on 21.9.94 and sent to prison. The aforesaid order passed by the learned Munsiff was challenged before this Court in Civil Revision No. 478/94. The Court was then in vacation. The learned Single Judge by order dated 7.10.94 directed that the petitioner be released immediately on execution of PR. Bond of Rs. 1,000/-. The certified copy of the aforesaid order dated 7.10.94 was produced before the concerned Superintendent of Jail, Shri Bakul Dutta. The Jailor did not release the petitioner and insisted for an order of release from the Munsiff who had initially directed imprisonment of the respondent. On advice by the learned counsel Shri Abdul Wahid, the wife of the petitioner Smt Bhageswari Keot came to Jalukbari, Guwahati and met the Munsiff in his residence. Smt. Keot, since deceased, accompanied by Shri Sebaruddin Ahmed, Advocate met the appellant (learned Munsiff) and submitted certified copy of the High Court's order and the PR Board. The learned Munsiff instead of passing any order issued a note in a piece of paper addressed to the office asking for the relevant case record to be produced on 17.10.94. Shri Sabaruddin Ahmed, advocate and Shri ftikar Hussain, Bench Assistant met the appellant on 17.10.94 in his residence at Jalukbari, Guwahati. The Bench Assistant carried with him necessary papers relating to the detention of the petitioner, but the contemner No. 1 instead of passing any order directed them to meet him in his Court chamber on 20.10.94. Accordingly, the wife of the petitioner, her advocates, namely Shri A. Wahid and Shri S. Ahmed met him in his chamber on 20.10.94 and submitted a copy of the order of the High Court, the PR Bond and the application dated 17.10.94. The learned Munsiff (contemner No. 1) declined to pass any order on the plea that he cannot pass any order as he was on vacation and told them that he would be able to pass necessary orders only on 4.11.94, the day when the civil Court reopens. Thus, according to the petitioner, the learned Munsiff, contemner No. 1, has wilfully disobeyed the High Court's order passed on 7.10.94.