Anup Bhushan Vohra vs R.G., H.C.Of Judicature At Calcutta

2) Brief facts:

b) After taking note of the situation, Hon'ble Mr. Justice V. S. Sirpurkar, the then Chief Justice of the High Court, instructed the District Judge through the Registrar General to seek necessary help and protection from the Superintendent of Police, Jalpaiguri to take immediate steps so that the Judicial Officers could enter the Court premises and attend the judicial work. The District Judge conveyed the said decision of the High Court to the Superintendent of Police, Jalpaiguri but failed to get any response from him. Subsequently, he approached the District Magistrate but no action was taken from his end also. Failing to get any response either from the 3 Superintendent of Police or the District Magistrate, Jalpaiguri, the District Judge sent a note to the then Chief Justice of the Calcutta High Court who gave direction over phone to the Director General of Police to take effective steps without any further delay. The Director General of Police gave assurance that he would take up the matter with the Home Secretary, Government of West Bengal and also suggested the Registrar General to inform the District Judge to write to the District Magistrate, Jalpaiguri to take steps for ensuring proper functioning of the Court with a copy to the Superintendent of Police, Jalpaiguri. On 12.01.2007, the District Judge again wrote to the District Magistrate. In spite of that, no effective development had taken place and the Judicial Officers and the District Judge were unable to enter the court building.

c) In view of the above situation, the District Judge sent a Fax message to the Registrar General of the High Court requesting him to take appropriate instructions and directions. On the basis of the said information, on 15.01.2007, the then Acting Chief Justice of the High Court sitting in a Bench issued two Suo Motu Rules of Contempt, 4 one, against the 16 persons actively associated with the aforesaid Committee to show cause as to why they are creating impediments in functioning of the judiciary in the District Court by obstructing Judicial Officers from entering into the Court premises and the other upon the Director General of Police, Government of West Bengal, the District Magistrate, Jalpaiguri, the Superintendent of Police, Jalpaiguri and the Inspector-in-charge, Kotwali Police Station, Jalpaiguri to show cause as to why they remained silent spectators in spite of repeated directions.

d) On the same day, the Committee withdrew the Satyagrah and removed the rostrum and cleared the entry gate. In response to the Rules, the appellants herein filed their affidavits before the High Court. After examining the appellants herein, the High Court, by impugned judgment dated 02.03.2007, imposed simple imprisonment for a term of six months with a fine of Rs.2,000/- each and in default of payment of fine within a period of one month, to further undergo imprisonment for one month. Aggrieved by the order 5 of the High Court, the appellants/contemnors have filed these appeals under Section 19 of the Act.

8) The impugned order of the Division Bench shows that these appellants were punished for criminal contempt not only on the ground that they prevented the Judicial Officers including the District Judge and other staff members from entering into the District Court at Jalpaiguri, but also on the ground of alleged serious lapses/inaction on their part. It is useful to refer the findings recorded by the Division Bench regarding the role and part played by the appellants which are as under:-

9) As stated in the earlier paras, a Committee constituted of some local persons, who were active in public life, along with the lawyers at Jalpaiguri, had passed certain resolutions to stage Satyagrah for the formation of High Court Circuit Bench in front of the District Court at Jalpaiguri. As a follow-up action, the Members of the Committee put their resolution into action on 15.12.2006 outside one of the two gates of the District Court premises that is the main gate and put up a rostrum there on which a number of persons started sitting in Satyagrah.

The further information relates to GD entry made on 19.12.2006 under GDE No. 1152, in which the S.I. detailed for duty at the District Court recorded that with force he was present at the main gate of the court premises and at 1050 hrs. when some of the Judicial Officers had arrived at the main gate of the District Court, they were requested "with folded hands" by the agitating Members of the Committee not to enter into the court. The Judicial Officers, thereafter, returned back. The S.I. and his force were standing at the 1 spot, but there was no order/request by the Judicial Officers for help to enter into the court. It is also pointed out that in all those days, there was no pushing or cajoling, no threatening gestures made, no law and order problem and no circumstance was created for the police to interfere using force.

11) Apart from the GD entries made in those dates, similar effect GD entries were made at the local police station by the concerned police officials who were detailed with force for duty at the District Court on 22.12.2006, 26.12.2006, 27.12.2006, 31.12.2006, 02.01.2007 and 05.01.2007 under GDE Nos.

Office is directed to see that this order is communicated to the Chief Secretary, Government of West Bengal by 2 p.m. of this day.

18) Pursuant to the issuance of the above Rules, the DGP-

23) We are also satisfied from the materials placed that the police force was present at the gate of the District Court on all days except Sundays and holidays to supervise law and order situation and to assist the Judges and Judicial Officers, the fact remains that the District Judge and the Judicial Officers never asked for any police help for their entry into the court premises on all days starting from 15.12.2006 ending with 15.01.2007 and all of them acceded to the humble request made by the agitators and returned home. It is true that on 10.01.2007, the District Judge and the Judicial Officers requested the District Magistrate to take sincere efforts to resolve the crisis so that they may enter into the court premises and discharge judicial functions.

24) Another aspect with which we are unable to accept the conclusion of the Division Bench relates to the fact that fax messages were sent from the office of the District Magistrate.

28) We are also satisfied that there is no acceptable material in holding that the officials committed criminal contempt of the Judges in the District of Jalpaiguri by deliberately taking no action against the agitators resulting in interference with the due administration of justice. If we analyse the entire materials including their statements, affidavits, GD entries, fax messages, correspondence between District Judge and Registrar General and District Magistrate, it cannot be concluded that the officials deliberately abstained from taking any action against the agitators.

35) It is not in dispute that all the appellants have filed separate affidavits tendering unconditional apology at the earliest point of time before the High Court. We are satisfied that no case has been made out for criminal contempt against the appellants and there is nothing wrong in accepting their unconditional apology and request which was made at the earliest point of time.

36) Keeping the above principles and factual details as mentioned in earlier paras in mind, we pass the following order: