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B. R. GAVAI, SANDEEP MEHTA
State Of West Bengal – Appellant
Versus
Ganesh Roy – Respondent
ORDER :
1. Leave granted.
2. The appellant-State is aggrieved with the direction issued by the High Court of Calcuta thereby directing the jurisdictional Superintendent of Police to personally remain present in Court.
3. This Court, in the case of State of Uttar Pradesh Vs. Manoj Kumar Sharma reported in (2021) 7 SCC 806, has observed thus:
18. The public officers of the Executive are also performing their duties as the third limbs of the governance. The actions or decisions by the officers are not to benefit them, but as a custodian of public funds and in the interest of administration, some decisions are bound to be taken. It is always open to the High Court to set aside the decision which does not meet the test of judicial review, but summoning officers frequently is not appreciable at all. The same is liable to be condemned in the strongest
The court established that public officers should not be summoned unnecessarily, emphasizing the importance of their official duties and the need for respect towards the judiciary.
(1) Power of High Courts to initiate contempt proceedings cannot be used to obstruct parties or their Counsel from availing legal remedies.(2) Chief Justice does not have power, under Article 229, to....
The court emphasized the importance of maintaining peace and order in court premises and holding disruptive individuals accountable.
Trial courts must apply judicial mind when taking cognizance under Section 190 Cr.P.C., avoiding mechanical processes, to uphold justice and prevent procedural anomalies.
The court ruled that the personal presence of Government Officers in contempt proceedings should not be casually mandated, emphasizing their duty to perform official responsibilities.
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