STATE Vs. BHABESH CHANDRA DAS

JUDGEMENT

(1.) THIS revision arises out of an order passed by the Sessions Judge on 31 -1 -1962 against Shri Bhabesh Chandra Das, a clerk of the Court of the Judicial commissioner under Section 480 Cr. P. C. by which the said clerk, after an apology given by him was let off with a warning for contempt of the Court of the Sessions Judge. A copy of the order was sent by the Sessions Judge to this Court on 1 -2 -1962 to bring to my notice the highly objectionable conduct of the clerk. At that time, I was away at Imphal. On my arrival at Agartala on 28 -2 -1962, the order of the Sessions Judge was perused by me and I had serious doubts about the correctness and legality of the action taken and of the procedure adopted by the Sessions Judge. Hence, the papers were called for to this Court under Section 439 Cr. P. C. and notices were issued to the Government Advocate and to the clerk concerned. When the matter came on for hearing, the Government Advocate pleaded his inability to appear in this case, as he was one of the Advocates who were present in the Court of the Sessions Judge at the time when the incident took place and had pleaded with the Sessions Judge to accept the apology of the clerk. Mr. H. C. Nath, Advocate, therefore, appeared on behalf of the Government Advocate. Sri Bhabesh Chandra Das, the clerk concerned was represented by 10 of the senior most Advocates of this Court and both sides were heard at great length.

(2.) FOR the purpose of this case, we shall accept the facts as stated in the order of the Sessions Judge. He was engaged in the hearing of Sessions trial No. 34 of 1961 on 31 -1 -1962. Just behind the Sessions Court hall is the office room where most of the clerks of the office of the Judicial Commissioner including Shri Bhabesh Chandra Das have their office. At about 3 P.M. there was a great row in the said office room and the Sessions Judge sent his orderly to the room to prevent further noise as it disturbed his Court work. For about 5 to 7 minutes there was a lull. Then again a great row started. It became impossible for the Sessions Judge to follow the witness who was being examined and to record his evidence. He then sent his Bench clerk to look into the matter. The sessions Judge then heard Shri Bhabesh Chandra Das telling his Bench clerk loudly in a very insolent manner that there was no 'halla' there.

(3.) THE Sessions Judge then issued a warrant of arrest under Section 228 I.P.C. to the Court Inspector to arrest and produce Shri Bhabesh Das before 4 -30 P.M. and accordingly the arrest was made and he was brought to Court at 4.10 P.M.