PRAFULLA KUMAR MAHANTA Vs. KANAK SEN DEKA

JUDGEMENT

(1.) These two Criminal Contempt Petitions arise out of publications of an Article published by the publisher in the Assamese daily Newspaper "Dainik Agradoot" in its publication dated 13-12-1997 (Annexure-1 in the Criminal Contempt Petition No. 1/98). The identical article was also published in another Assamese daily Newspaper "Azir Batori" in its publication on 13-12-1997 (Annexure-1 in Contempt Petition No. 2 of 1998). The aforesaid two Contempt Petitions being arises out of the identical article published on 13-12-97, though in different local dailies. We proposed to dispose of these two petitions analogously by this common judgment.

(2.) We have heard Mr. A. S. Bhattacharjee, learned Counsel for the petitioner in both the petitions, Mr. D. C. Mahanta, learned counsel for the Respondents in Criminal Contempt Petition No. 1/98 and Mr. J. M. Choudhury, learned Counsel for th Crop (C) No.2/98 at length.

(3.) Before we proceed further, we may at this stage dispose of one submission of Mr. A. S. Bhattacharjee, learned counsel for the petitioner. It insisted by Mr. Bhattacharjee learned Counsel for the petitioner that the aforesaid two petitions be heard separately. We are not at all convinced because identical article has been published on the same date, though in different local dailies as already noted.