LAWS(GAU)-2008-6-12

RUPIN SHARMA Vs. STATE

Decided On June 13, 2008
IN RE : RUPIN SHARMA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE Deputy Commissioner, (Judicial), Nagaland, Dimapur submitted a report dated 17. 09. 05 to the Registrar, Gauhati High Court (Kohima Bench), Kohima, Nagaland regarding the contempt of Court committed by the Senior Superintendent of Police (CID) Mr. Rupin Sarmah, IPS and the Editor of the local daily, "the Nagaland Page", Mrs. T. Monalisa Changkija by publishing a news item in the abovementioned daily in its issue dated 16th September, 2005 under an article captioned as "ex-director in Police net, more arrested. " In the said article the following statements have been made against the judiciary which are reproduced herein below :-

(2.) AFTER receiving the aforesaid report, the Deputy Registrar (Judicial) laid the said report before Mr. Justice R. Gogoi at Kohima Bench on 20. 09. 05 for his examination and necessary order. After perusal of report on the same day, Justice Gogoi directed for listing the matter on the judicial side on 21. 09. 05. Accordingly, on 21. 09. 05 the matter was listed before the learned Single Judge at Kohima Bench which was registered as Original Cont. Case (Crl.) No. 2 (K)/05 and the learned Single Judge passed an order directing the registry to place the matter before the Hon'ble Chief Justice as there was no Division Bench available at Kohima at that time. Accordingly, the matter was taken up by the Division Bench of this Court in the Principal Bench at Guwahati which has been re-numbered as Contempt Case (Crl.) No. 10/05.

(3.) ON 11. 11. 05 this Court issued notice to the respondents. On 14. 12. 2005 this Court issued notice for their personal appearance before this Court. In response to the said notice, both the respondents submitted their reply to the show-cause notices in details.