IMPORTANT POINT
In the matter of initiating proceedings for criminal contempt court is to be extremely careful.

JUDGMENT

A. K. Ganguly, C.J.—This petition under Section 15 of the Contempt of Courts Act, 1971 has been filed by one Prasanta Kumar Nayak, who describes himself as a Member of the Indian Administrative Service (Orissa Cadre) with a prayer for initiating a suo motu proceeding for criminal contempt against opposite party No. 1 Mrs. Harapriya Barik @ Tarai.

2. Learned counsel submits that the petitioner is invoking the Court’s jurisdiction under Section 15 of the Contempt of Courts Act, but the consent of the Advocate General, which is required to be taken before invoking this jurisdiction, has not been obtained. The learned counsel submitted that he is seeking to initiate a suo motu proceeding of criminal contempt against opposite party No.1 for the statements allegedly made by her.

3. In support of the petitioner’s case for initiating a suo motu proceeding for criminal contempt against opposite party No.1, learned counsel placed reliance on certain materials.

4. The Court’s attention was first drawn to an affidavit dated 28.7.1999 by opposite party No.1 before the Court of Executive Magistrate, Cuttack and then to the letter dated 29.7.1999 of opposite party No.1 addressed to the then Hon’ble Acting Chief Justice of this High Court. In that letter she prayed to give her and her family some protection from disgrace, mental agony and public humiliation by restraining the newspapers from publishing any news item involving her in the alleged incident of a sex scandal. The reason for writing the said letter by opposite party No.1 is that she was distressed in view of the news item published in different newspapers in the State on 27.7.1999 and 28.7.1999 regarding the alleged sex scandal at Bhubaneswar in which opposite party No.1 was allegedly involved. This letter was registered as OJC No.9456 of 1999 and in support of the same an affidavit was affirmed by opposite party No.1 before the Court of the Executive Magistrate, Cuttack, denying the truth of the newspaper report. The affidavit runs to several pages stating therein that opposite party No.1 was not involved in the alleged sex scandal, which was published in different newspapers.

5. The attention of the Court has also been drawn to various materials namely the statement dated 10.8.2001 made by opposite party No.1, which was recorded before the Police under Section 161 Cr.P.C. in connection with CBI/SCB/Kolkata Case No. RC 3/S/2000-Cal. One portion of the said statement is brought to our attention. The same is set out below:

“Sometime in the year 1998, I along with my friend Puspalata Behera, Sabitri Mishra participated in the inter-University competition at Shimla. On 9.7.1999, the PTI madam Prabasini Kar called me in the College Sports Room and informed me that certificates regarding our participation at Shimla had been received and asked me to distribute the same amongst the participants. At that time, I noticed that the seal of Utkal University on my certificate was missing. When I pointed out this fact to PTI madam, she advised me to accompany her to Bhubaneswar so that the work could be done on that day itself. She also told me that Sabita Pal would also accompany her. On this assurance I agreed to go to Bhubaneswar. Prabasini Madam also advised me to come to her house around 1.30 to 2 p.m. so that by that time she could also come back from the college.”

Attention of this Court has also been drawn to another part of the statement, which is also set out below:

“I further state that when I was in the bathroom, I heard their conversation according to which one Prashant was also scheduled to come. They were also talking as the said Prasant was the PS to the Chief Minister Giridhar Gomango, he might have been held up somewhere due to some work. They also told me that it was good luck that Prashant had not come by this time, otherwise he would have dragged me out by breaking open the bathroom door and enjoyed ruthlessly by biting mercilessly. After hearing this I became very