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1989 Supreme(Cal) 107
High Court Of Calcutta
M. K. MUKHERJEE, M. G. MUKHERJI
SAMAR GHOSH - Appellant
Versus
SOMNATH CHAKRABORTY - Respondent
CRI. M. C. 130 Of 1986
Decided On : 03/10/1989
ANUPAM CHATTERJEE, DILIP SETH, J.N.Ram, R.N.BOSE, RAMESWAR BHATTACHERJI
Publication of a poem that scandalizes the court, lowers its authority, and interferes with the administration of justice constitutes criminal contempt of court.
Headnote:
CONTEMPT OF COURT - PUBLICATION OF CONTEMPTUOUS POEM - LEGALITY - ACT SECTION LIST - [CONTEMPT OF COURTS ACT, 1971, SECTIONS 2(C)(I), 2(C)(II), 12] - SUMMARY
Fact of the Case:
The contemnor, a police officer, wrote a poem titled "Kazir Bichar" which was published in a local fortnightly magazine. The poem was found to contain derogatory remarks about a judge, the lawyers, and the judicial system, and was deemed to have been published with the intention of scandalizing the court and lowering its dignity.
Finding of the Court:
The court found that the publication of the poem amounted to criminal contempt of court under Sections 2(C)(I) and 2(C)(II) of the Contempt of Courts Act, 1971. The court held that the poem tended to scandalize the court, lower its authority, and interfere with the administration of justice.
Issues: Whether the publication of the poem constituted criminal contempt of court.
Ratio Decidendi: The court held that the publication of the poem was intended to scandalize the court and lower its authority. The court also found that the poem interfered with the administration of justice by creating mistrust in the minds of the innocent people and impairing their confidence in the judicial officers.
Final Decision: The court found the contemnor guilty of criminal contempt and sentenced him to pay a fine of Rs. 1,000/- in default to undergo simple imprisonment for 15 days.
( 1 ) THE present proceeding in Contempt has been initiated on the basis of a petition filed by Samar Ghosh and 16 others, all Advocates practicing in the Judges' Court, Chinsurah, for an alleged contumacious conduct committed by the contemnor opposite party No. 1 Somnath Chakraborty, Sub-Inspector of Police who wrote out a poem "kazir Bichar" which was published in a Bengali fortnightly magazine "bhagirathi Express" on 16th Dec. , 1985. It was contended that the contemnor opposite party No. 2 Pradeep Mukherjee who is the editor and publisher of the said magazine "bhagirathi Express" also was guilty of contumacious conduct as editor and publisher of the said fortnightly "bhagirathi Express" by publishing the same in the issue of said magazine "bhagirathi Express" dt. 16th Dec 1985 thereby scandalising the court and the lawyers and lowering the dignity of the judicial system, as such, which amounted to an interference with the judicial process as well as administration of justice.
( 2 ) THE facts in a brief nutshell are as follows :-sri S. Mohanti was posted as Judge, Special Court under the Essential Commodities Act at Hooghly. There was no other judicial officer having surname "mohanti" in the court of Chinsurah. The contemnor opposite party No. 1 Somnath Chakraborty was a Sub-Inspector of Police attached to District Enforcement Branch, Hooghly. In or about 1984 the said Somnath Chakraborty was the Officer-in-charge of Dadpur Police Station. One Tarun Ghosh and one Arun Ghosh were accused in a case under the Essential Commodities Act out of which Special Court Case No. 34/84 was registered in the Court of the Ld. Special Judge (Essential Commodities Act) Hooghly in which a charge was ultimately framed against one Arun Ghosh. Somnath Chakraborty was practically the de facto complainant in the case and he was also a witness for the prosecution. In compliance of the process issued by the Court, Somnath Chakraborty attended court on 20th March, 1985. On that date Arun Ghosh was sick and on the prayer of the defence lawyer, the Id. Special Judge granted him permission to sit inside the court room instead of placing him in the accused's dock. When Sri Chakraborty stepped in at the witness box, Sri S. Mohanty cautioned him for avoiding the process of Court. However Somnath Chakraborty was examined and cross-examined and then discharged. But before leaving the Court he had put an objection before the ld. Judge to the effect that the accused should have been allowed to be seated in the court room instead of being directed to stand in the accused's dock. However when he was apprised about the court's earlier permission in this regard, he left the court with utter dissatisfaction. The case however ended in an acquittal in favour of Arun Ghosh. In the judgement, the Id. Judge made certain observations to the following effect :-"from the facts and circumstances of the case and the evidence on record it is abundantly clear that the accused's shop was not a grocery shop and on the late hours of the night, the shop was closed and that no rice was recovered and seized therefrom, that, the accused has been falsely prosecuted by P. W. 8 Sub-Inspector of Police Somnath Chakraborty out of vengeance and has seized a bag of rice from his residential portion and in so doing he had to manipulate the seizure list".
( 3 ) AFTER the judgement Arun Ghosh and Tarun Ghosh instituted a suit for defamation against Somnath Chakraborty praying for damages which was numbered as Money Suit No. 21 of 1985 in the Court of 1st Assistant District Judge, Chinaurah. Upon receipt of the summons and the copy of the plaint, Somnath Chakroborty became aware of the observations made by the ld. Special Judge, Shri S. Mohanty against him in course of the judgement. Thereafter the poem named "kazir Bichar" was published in a local fortnightly magazine named "bhagirathi Express" edited and published by the opposite party No. 2 on 16th Dec. , 1985. C
