Biman Basu vs Kallol Guha Thakurta And Anr

3. The appellant herein is alleged to have not only criticized the order but also made certain adverse comments against the Judge who passed the said order. These comments were widely reported and published in various newspapers on 5.10.2003. In the meanwhile, a Division Bench of the Calcutta High Court stayed all the directions issued by the learned Single Judge on 29th September, 2003 in the contempt proceedings concerning the regulation of traffic and processions/public meetings. The respondents in this appeal moved a contempt petition in the High Court on 13th October, 2003 with a prayer to initiate appropriate contempt proceedings against the appellant for making deliberate and willful derogatory, 4 defamatory and filthy statements against Justice Amitava Lala which were widely published in the newspapers and electronic media. In their petition, the respondents pleaded that the derogatory, defamatory and contumacious statements and remarks made by the appellant constitute a straight and direct attack upon a sitting High Court Judge and the same has not only lowered the dignity of the sitting High Court Judge but also total judicial system of the country. They have accordingly prayed to initiate contempt proceedings against the appellants "under Sections 2(a), 2(b), 2(c) and 2(d) or any other applicable Sections of the Contempt of Courts Act, 1971 and to put him behind the bars and also to saddle him with fine...". They have also prayed for award of costs and other incidental charges in connection with the contempt application. The contempt petition was duly supported by an affidavit as required and solemnly affirmed by the first respondent. In the affidavit, it is specifically stated that the statements, comments and averments made in paragraph Nos. 1 to 4, 6 and 8 are true to his knowledge.

6. The appellant accordingly appeared before the Court along with his counsel on 7th November, 2003 and filed a brief affidavit in opposition inter alia stating that he has got great respect to the dignity and majesty of the Court and that he has never meant to show any disrespect to the High Court or to any of the Judges of the Court and that if his act or conduct reflected any disrespect, the same was inadvertent and unintentional. He accordingly expressed his regret for such "unintentional error". The appellant also raised the issue of maintainability of the contempt petition since the motion was moved without the consent in writing of the Advocate General. The Court vide its order dated 7th November, 2003 expressly kept open the question of maintainability of the petition. Thereafter, various TV news channels and editors of newspapers were added as parties to the contempt 7 proceedings. The High Court after hearing the parties passed the impugned judgment. Hence this appeal.

25.For all the aforesaid reasons, we hold that the petition to take action against the appellant under Section 15 without the written consent of the learned Advocate General was not maintainable in law.

26.For the view we have taken as regards the maintainability of the petition itself, we are not required to go into the merits of the case.

27.The impugned judgment is accordingly set aside. The appeal is allowed.