BHASKAR BHATTACHARYA, ACJ. - (1.) These two suo motu rules alleging criminal contempt of Court were heard together as facts giving rise to issue of those two Rules are mostly interlinked.
(2.) On January 15, 2007 this Bench issued the aforesaid two Rules on the basis of information given by the learned Registrar General of this Court that due to the agitation started by the "Circuit Bench O Sarbik Unnayan Dabi Adyay Samannya Committee, Jalpaiguri," (hereinafter referred to as the Committee), the learned District Judge and other Judges of the Judgeship at Jalpaiguri were unable to enter the Court building, as a result, the District Judges' Courts at the Headquarter of the District Jalpaiguri were not functioning at all for the last one month, this Court issued two suo motu rules, one against the 16 persons actively associated with the aforesaid Committee and the other against (1) the Director General of Police, West Bengal, (2) the District Magistrate, Jalpaiguri, (3) the District Superintendent of Police, Jalpaiguri and (4) the Inspector-in-charge, Kotwali Police Station, Jalpaiguri.
(3.) For avoiding unnecessary repetition of the facts leading to the issue of the previously mentioned Rules, we quote hereun- der, our entire order dated January 15, 2007, which will speak for itself : "The learned Registrar General of this Court has drawn attention of this Court to the fact that due to agitation started by the "Circuit Bench 'O' Sarbik Unnyayan Dabi Adyay Samannaya Committee, Jalpaiguri," the Judicial Officers in the District of Jalpaiguri including the learned District Judge, Jalpaiguri, are unable to enter into the Court premises from December 15, 2006. Office of the learned District Judge immediately drew attention of such fact to the Inspector-in-charge, Kotwali Police Station, Jalpaiguri Sadar, but no action was taken. Subsequently, the learned District Judge brought the matter to the notice of the learned Registrar General of this Court, who in terms of the order by the then Hon'ble Chief Justice of this Court, instructed the learned District Judge to ask the Superintendent of Police, Jalpaiguri to take immediate action, so that the Judicial Officers can enter into the Court premises for doing their duties. Although the learned District Judge, Jalpaiguri conveyed the decision of this Court to the Superintendent of Police, Jalpaiguri, so that the Judicial Officers can enter into the Court building and function, the Superintendent of Police, Jalpaiguri paid deaf ears to the request of the learned District Judge. Subsequently, the learned District Judge was directed to approach the District, Magistrate of the District, so that the judiciary in the District can function. In spite of such communication, no action was taken from the end of the District Magistrate, Jalpaiguri. It appears from the note given by the learned Registrar General of this Court that on January 5, 2007, the then Hon'ble Chief Justice of this Court directed the Director General of Police, West Bengal over phone to ensure proper functioning of the Jalpaiguri Court by taking effective steps without further delay and as a follow up action, the learned Registrar General also talked to the Director General of Police. West Bengal and enquired as to what effective steps had been taken for bringing back the normal situation so that the learned District Judge's Court could function properly. The Director General of Police, however, informed the learned Registrar General of this Court that he would take up the matter with the Home Secretary, Government of West Bengal and in the meantime, the learned District Judge, Jalpaiguri should be asked to write to the District Magistrate, Jalpaiguri requesting him to take steps for ensuring proper functioning of the Courts in Jalpaiguri with a copy to the Superintendent of Police, Jalpaiguri. As pointed out earlier, in spite of written communication given by the learned District Judge to the District Magistrate, Jalpaiguri, till today the Judges in the District Judge's Court at Jalpaiguri are unable to enter into the Court building. It appears from the various papers submitted by the learned District Judge through fax message to the learned Registrar General of this Court that the "Circuit Bench 'O' Sarbik Unnayayan Dabi Adyay Samannaya Committee, Jalpaiguri" took a resolution of obstructing the ingress and egress to the Court building by various resolutions taken from time to time. From the resolution allegedly taken on December 23, 2006 which has been sent to the learned Registrar General of this Court by the learned District Judge concerned, it appears that in a meeting held at Nababbari premises the following persons participated and unanimously took a resolution to continue with the agitation : (1) Sri Mukulesh Sanyal, President; (2) Sri Sri Jiten Das, Ex. M.P. (C.P.M.); (3) Sri Sri Debaprasad Roy, M.L.A. (Congress); (4) Smt. Pratima Bagchi (R.S.P.); (5) Sri Prabal Saha (Forward Block); (6) Sri Pabitra Bhattacharyya (C.P.I.); (7) Sri Somenath Pal (T.M.C.); (8) Sri Amal Roy (C.P.I.M.L.); (9) Sri Subhas Kumar Dutta. C.P.I.M.L. (Liberation); (10) Sri Rabindra Lal Chakraborty (B.J.P.); (11) Sri Chittaq De (Convenor, Co-ordination Committee of Plantation Works); (12) Sri Sadhan Bose (Merchant Association); (13) Sri Samarendra Prasad Biswas (North Bengal Chamber of Commerce); (14) Sri Biswajit Das (Federation of Chamber of Commerce, Siliguri); (15) Sri Sanjoy Chakraborty (Jalpaigur Welfare Organisation). It further appears from the resolution o the meeting dated December 18, 2006 of the said "Jalpaiguri 'O' Sarbik Unnyayan Dabi Adyay Samannaya Committee" that one Sri Benoy Kanta Bhowmick, presided, over as President, supported the said illegal act of the Committee. In our view, the aforesaid act on the part of those persons abovenamed, acting on behalf of the said Committee, has resulted in constitutional breakdown in the District of Jalpaiguri, as a result, the citizens of Jalpaiguri District are immensely prejudiced and such act interferes with and obstructs administration of justice in the said District, We are also prima facie convinced that inaction on the part of the Director General of Police. West Bengal, District Magistrate, Jalpaiguri. the Superintendent of Police, Jalpaiguri and I.C., Kotwali Police Station, Jalpaiguri Sadar amounts to aiding and abetting the members of the said Committee, as a result of which, the judiciary is unable to function in that District for the last one month and all those persons are prima facie guilty of criminal contempt of a serious nature. Accordingly, let a Rule of contempt be issued calling upon all those 15 persons and Sri Benoy Kanta Bhowmick, abovenamed, to show cause why they should not be penalised or otherwise dealt with for committing criminal contempt as defined in S. 2(c) of the Contempt of Courts Act, 1971 by creating impediment in functioning the judiciary in the District of Jalpaiguri for the last one month by restraining the Judicial Officers from entering into the Court, building. Similarly, a Rule be also issued upon the Director General of Police, West Bengal, District Magistrate, Jalpaiguri, Superintendent of Police, Jalpaiguri. Inspector-in-charge, Kotwali Police Station, Jalpaiguri Sadar to show cause why they should not be penalised or otherwise dealt with for aiding and abetting the aforesaid criminal contempt by remaining as silent spectators in spite of repeated directions not only given by the learned District Judge of the District, but also by the learned Registrar General and the former Hon'ble Chief Justice of this Court. Let these Rules be immediately served upon all the concerns through the Chief Secretary, Government of West Bengal by tomorrow. The Chief Secretary, Government of West Bengal, is directed to communicate to this Court what action the District Administration or the State Administration has taken for removing the impediments creating by those persons. Having regard to the serious nature of a criminal contempt prima facie found by this Court, we direct the Chief Secretary, Government of West Bengal to see that in course of this day proper step is taken, so that the learned District Judge and all the Judicial Officers including the staff of the District Court may enter into the building and function normally. The Chief Secretary will further ensure that no obstruction takes place in the matter of proper functioning of the Court in any part of the said District. 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. Let Rules be also issued by the office in course of this day. The Rules are returnable on January 19, 2007 at 10.30 a.m. On the returnable date, the alleged contemners abovenamed are directed to be present in Court at 10.30 a.m.";