- (1.) These appeals, under Section 19 of the Contempt of Courts Act, 1971 (hereinafter referred to as "the Act"), are filed against the common judgment and order dated 02.03.2007 passed by the Division Bench of the High Court of Judicature at Calcutta in Suo Moto Contempt Motion being Crl.C.P.No.1 of 2007 with C.R.R. No. 187 of 2007 whereby the High Court found all the appellants guilty of criminal contempt and sentenced them to undergo 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 simple imprisonment for one month.
(2.) Brief facts: a. A Committee was constituted by some local persons, who were active in public life, along with lawyers at Jalpaiguri named "Circuit Bench 'O' Sarbik Unnayan Dabi Adyay Samannya Committee, Jalpaiguri" (hereinafter referred to as "the Committee"). The Committee had passed a resolution for the formation of a High Court Circuit Bench at Jalpaiguri and in order to achieve the said purpose to stage Satyagrah in front of the District Court at Jalpaiguri. The Members of the Committee put their resolution into action on 15.12.2006 and started agitation outside the main gate of the District Court premises and put up a rostrum there on which a number of persons started sitting in Satyagrah. They prevented the Judicial Officers including the District Judge, Jalpaiguri to enter into the Court premises from that day. In order to overcome the said situation, the District Judge drew attention of such fact to the Inspector-in-Charge, Kotwali Police Station, Jalpaiguri for extending police help, but no action was taken. Subsequently, the District Judge brought the matter to the notice of the Registrar General of the High Court of Calcutta for taking necessary steps. 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 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, 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 of the High Court, the appellants/contemnors have filed these appeals under Section 19 of the Act.
(3.) Heard M/s Mukul Rohtagi, Kalyan Bandopadhyay, R. Venkataramani, learned senior counsel, P.C. Sen, Tara Chandra Sharma, learned counsel for the appellants and Mr. Pradip Kr. Ghosh and Mr. Jaideep Gupta, learned senior counsel for the respondent-High Court.;