B K CHAKRABORTY Vs. ASHIMA BATTACHARJEE

JUDGEMENT

(1.) Heard Mr. U. B. Saha, learned Sr. Government Advocate assisted by Mr. S. Chakraborty for the appellant.

(2.) By this Letters Patent Appeal (LPA), the appellant put under challenge the order dated 29-6-2001 passed by the learned single Judge in Contempt Case (C) No. 9 of 2001. In that contempt proceeding, the learned single Judge amongst others, passed the following orders :-

(3.) On a bare perusal of the aforequoted order of the learned single Judge, it reveals that the learned single Judge obviously having exercised power under Article 215 of the Constitution of India has passed the aforesaid directives. According to learned Sr. Government Advocate, as soon as the contempt petition is dropped or disposed of, the Court should not have passed any such positive directives. No doubt, within the framework of the Contempt of Courts Act such type of order is normally not permissible. But the High Court as the Court of Record admittedly having jurisdiction under Article 215 of the Constitution of India could pass such order if the circumstances so demand and thus in view of the reported case in Dakhin Behara Fishery Co-operatve Society Ltd. v. State of Assam, (2001) 1 Gauhati LT 654, such type of order is amenable to the writ appeal.