REGISTRAR, ASSAM HIGH COURT Vs. BHARAT CHANDRA DAS, ADVOCATE

JUDGEMENT

(1.) IN response to the notice issued by this Court Sri Bharat Chandra Das, Advocate practising in this Court had appeared in person to show cause why he should not be dealt with under the Contempt of Courts Act for his conduction the 30th August, 1961, towards Sri H. Deka the retired Chief Justice of this Court. An application had been filed on his behalf. He was represented, by a counsel.

(2.) THE facts leading to the present notice are that on the 31st August, 1961, a communication was received from Sri H. Deka retired Chief Justice of this Court, addressed to the Registrar. In the letter, it was stated that this Court takes such action as it considered necessary and proper in the circumstances of the case. The relevant extract of the letter is as follows: "On the evening of 30th August last while I was coming out of the Panbazar Dharma Sabha premises after presiding over a public function at 7 -30 p.m. and was proceeding to my car parked on the road to the west of the Dharma Sadbha premises Shri Bharat Chandra Das, an Advocate and a practising lawyer of the Gauhati Bar who lives quite near the place stopped me and asked me in a challenging mood,"why did you condemn me, before hearing -. I asked him "What is the matter with you - He again repeated You condemned me before hearing me". I remembered that there was a certain reference to the Bar Council about this gentleman while I was a Judge of the High Court. I asked him "What do you want of me now - He said in a threatening manner, "I am not going to spare you." In the meantime, I reached my car and got into it when Shri Das shouted "I will teach you a good lesson". I then drove off." In a certain criminal matter, which came up for decision before Shri H. Deka, when he was the Chief Justice of this Court he passed certain remarks against the conduct of Shri B.C. Das and recommended that the matter be taken up by the Bar Council. The matter was taken up by the Bar Council, but as the new Act was to come into force and a new Bar Council was to be constituted, proceedings were stayed. The contemner has in his application stated as follows:

(3.) IN paragraph 3. however, he has denied that the incident took place as alleged in the letter of the 31st August, 1961, written by Sri H. Deka. The incident is described as follows in his petition: What happened actually was that, when Mr. Deka came out from the Sanatan Dharma Sabha and proceeding towards his car, when seeing me witnessing the performance along with about 200 men from the road he patted my back and said "(ki hay, ki hay), then I told him "please don't touch the back of a condemned man. I have enough love and affection from you which I shall always remember". This incident was witnessed by a large crowd. And. I beg to submit that in the agitation of the moment Mr. Deka might have honestly taken me amiss.