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2016 Supreme(Cal) 994

BISWANATH SOMADDER
Jayanta Halder – Appellant
Versus
K. Durga Prasad – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ujjal Ray, Arpa Chakraborty
For the Respondents: Kausik Chanda, Swapan Kumar Nandi

ORDER :

Biswanath Somadder, J.

1. In answer to the Rule of Contempt issued in terms of the order dated 15th July, 2016, S.S. Shekhawat, who, at the material point of time, was the Deputy Inspector General of Police, Central Reserve Police Forces, Group Centre, Siliguri, District - Darjeeling, is present in Court and is being represented by the learned Additional Solicitor General of India. At the outset, learned Additional Solicitor General pleads forgiveness on behalf of his client and submits that his client was always willing to comply with the order of the Court dated 3rd December, 2015, passed in W.P. 24661 (W) of 2015, but could not do so in view of some confusion in his mind which crept in due to some legal advice received by him from the Ministry of Home Affairs, New Delhi. According to the learned Additional Solicitor General, compliance of the Court's order was never in issue so far as his client is concerned, but the legal advice he obtained created confusion in his mind with regard to the manner of compliance. The legal advice to which the contemnor refers to, however, has not been produced before this Court in the instant contempt proceeding by the learned Additional Sol










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