PRAN BORA Vs. AMINUL ISLAM

JUDGEMENT

(1.) The present contempt petition, registered as a criminal contempt case, comes with a prayer for punishing the sole respondent under the provisions of the Contempt of Courts Act, 1971 for making deliberate, willful and disparaging remarks, calculated to interfere with the due course of justice and against the functioning of this Court. Reference in this regard is made to the news item dated 12.7.2018 in "Axomia Pratidin" which mentions about a press conference in which the sole respondent, while holding office as a Member of the Legislative Assembly (MLA) made utterances against a sitting Judge of this Court with regard to the manner in passing verdicts in matters relating to foreigners' cases.

(2.) Mr. M.K. Choudhury, learned senior counsel representing the petitioner, submits that the publication disclosing the utterances and remarks made by the sole respondent, ex-facie, is a personal attack and vilification directed against the Judge, thus, tending to create an apprehension in the minds of the people regarding the integrity, ability and fairness of the Judge. It is submitted that by attacking the integrity and reputation of the Judge, this hallowed institution is sought to be made the ultimate victim. The utterances, as contended, are not within the realm of constructive criticism and even after making such irresponsible and scurrilous statements, no remorse is demonstrated, far from tendering apology before this Court.

(3.) Mr. S.N. Sarma, learned senior counsel representing the sole respondent, have raised a preliminary objection as to the maintainability of the petition in the present form. It is seen from the affidavit-in-opposition dated 29.5.2019 that besides questioning the locus standi of the petitioner to file the contempt petition, the issue with regard to the said contempt petition having been filed in total disregard to the provisions of section 15(1)(b) of the Contempt of Courts Act, 1971 has been taken up. It is also submitted that as on date the contempt petition is hit by section 20 of the Contempt of Courts Act, 1971, inasmuch as, no proceedings of contempt was initiated by this Court within the period of 1 (one) year from the date on which contempt is alleged to have been committed.