XXX GUWAHATI, ASSAM Vs. PHAGULAL PRASAD

JUDGEMENT

(1.) Heard Mr. T.J. Mahanta, learned senior counsel assisted by Mr. A. Baruah, learned counsel who has appeared as Amicus Curiae on the request of this Court made vide order dtd. 29/10/2021. We have also heard Mr. A. Bhattacharya, learned Legal Aid Counsel representing the respondent/alleged contemnor. Mr. H. K. Das, learned Standing Counsel, Gauhati High Court is also present.

(2.) This suo-moto criminal contempt proceeding has been registered under Sec. 12 read with 15 of the Contempt of Courts Act, on the basis of the order dtd. 07/11/2019 passed by the learned Division Bench of this Court in connection with IA(C) 3557/2019, whereby, a direction was issued to the Registry to register a Criminal Contempt case and issue notice upon the respondent, viz. Phagulal Prasad on the charge of deliberately producing and relying upon forged documents before this Court.

(3.) Upon receipt of notice, the respondent has appeared through the Legal Aid Counsel Mr. A. Bhattacahrya and filed his affidavit whereby, he has denied having any knowledge as regards the alleged forgery of the document and has stated that he had relied upon the document on a bonafide belief that it was a genuine document. The respondent's counsel has also questioned the maintainability of the Suo-Moto criminal contempt proceeding by urging that this matter does not come within the purview of Sec. 15 of the Contempt of Courts Act, 1971.