KAMALA KEOT ALIAS DEKA Vs. LIAKAT ALI

JUDGEMENT

(1.) I have perused the application for contempt filed under Section 12 of the contempts of Court's Act, 1971 read with Article 215 of the Constitution of India alleging violation of the order dated 7.10.94 passed by this Court in Civil Revision No. 478 of 1994. That order is at pages 15 and 16 of the contempt petition. This contempt petition is supported by an affidavit sworn by Kamala Keot as well by an affidavit filed by Smti. Bhogeswari Deka, the wife of petiitioner-Kamala Keot. (it may be mentioned herein that this poor wife Smti. Bhogeswari Deka is no more in the world). She has verified paras 4,5,6,7,8,9,10 and 10 A of the contempt petition as true to her knowledge and it is further stated in the affidavit that after release of her husband from Jail on 4.11.94 she reported the matter to him. Another affidavit has been filed by Saberuddin Ahmed, advocate on 20.7.95 in support of this contempt petition. After issuance of notice, the two alleged contemners-Liakat Ali, then Munsiff No.1 at Mangaldoi and Bakul Dutta, Jailar, Mangaldoi District Jail at Mangaldoi filed affidavits along with certain documents. Thereafter on 6.1.99 this Court passed an order directing examination of witnesses. There was only a direction to examine the witnesses and to send the same to this Court, but the learned District Judge (Shri J Singh Chetry) submitted a report in the matter which was not asked for by this Court. The learned advocate for both sides submit that this report is absolutely irrelevant and that was not taken into consideration. Before the learned District Judge the following witnesses were examined: 1. A.Wahed, advocate, Mangaldoi Bar

(2.) Saberuddin Ahmed, advocate, Mangaldoi Bar

(3.) Iftikar Hussain, the then Bench Clerk of Munsiff No.1 (it may be stated herein that this Iftikar Hussain also filed an affidavit on 14.9.95 before this Court). The following documents were exhibited: Ext-1 is the certified copy of the order of the High Court dated 7.10.94. Ext-2 is the PR Bond. Ext-3 is the application dated 17.10.54 before the Munsiff. Ext-4 is the application addressed to Munsiff No. 1 stated to be on 28th day of October, 1994.