REGISTRAR GAUHATI HIGH COURT Vs. S R BARMAN

JUDGEMENT

(1.) A local vernacular daily namely "Daily Desher Katha" in its issue dated 28-5-88, published a news item under the following caption -

(2.) The respondents after receipt of notice have shown cause by filing affidavits-in-opposition. The report submitted by the then S.D.J.M. Shri Das Chaoudhury substantially corroborates the allegations published in the news papers "Daily Desher Katha" in its issue dated 28-5-88. The Respondent No. 1 in this affidavit-in-opposition has denied the allegations to have interfered with the judicial proceeding and/or administration of justice. Respondent No. 1 in his affidavit-in-opposition has stated that he had been a practising advocate at the Agartala Bar after getting L. L. B. degree from Calcutta University and he was deeply connected with the judiciary as an advocate and has all along been associated with public life of Tripura and that being a member of legal profession, he believed in the independence of judiciary and has greatest respect for the judiciary in the country, and that it was inconceivable that as a responsible Minister of the State, he would in any manner interfere with due course of judicial proceeding and/or administration of justice. According to the respondent No. 1 the allegations made against him in the news item published in the "Daily Desher Katha" in its issue dated 28-5-88 were made at the instance of his political rival with the sole object to malign him before the public. In paras 11 and 12 of the affidavit-in-opposition showing cause, the respondent No. 1 has stated as follows :-

(3.) In paras 13, 14 and 15 the respondent No. 1 denied all other allegations made in the report of Shri Das Choudhury. The statement made by the respondent No. 1 in paragraphs 11, 12 and 13 are more or less corroborated by the respondent No. 2 in his affidavit-in-opposition. Learned counsel for the respondent No.1. has submitted that there was no judicial proceedings before the S.D.J.M. Shri D. K. Das Choudhury, which alleged to have been interfered with by the respondents Nos. 1 and 2. The allegations centered round interference in the proceeding of Criminal Misc. Case No. 8/88 registered in the Court of learned Sub-Divisional Judicial Magistrate, inasmuch as the allegations contained in the news item published in the "Daily Desher Katha" as well as the report of Shri D. K. Das Choudhury, S.D.J.M. was that the respondent No. 1 compelled him to pass order to stay his earlier order dated 17-5-88 namely, asking the O. C. Melaghar Police Outpost to handover the bus chassis to Shri Humayun Kabir, President Melaghar Motor Sramik Samabai Samity.