Unintentional disobedience to a court order does not amount to contempt of court.

1. This contempt petition has arisen out of the following facts. Ahmed Ali was convicted on 27-4-82 in Sessions Case No. 50(N-M) 80 vide G. R. No. 242/77 under S.302/34, I.P.C. and sentenced to R. I. for life and he was undergoing his sentence at District Jail, Nagaon from 27-4-82. He was transferred to District Jail, Tezpur on 22-12-82 vide I. G. Prison's Order dt/- 8-12-82. His Criminal Jail Appeal No. 81(J)82 was decided by the High Court on 20-11-1984 convicting him under S.324, I.P.C. (instead of S.302/34, I.P.C.) and sentencing him to undergo rigorous imprisonment for three (3) years. Ahmed Ali was already in jail for about 2½ years and he was to get the set off under S.428, Cr.P.C. The High Court, it appears, sent the judgment with relevant papers in Memo No. 308/Crl. dt/- 22-1-85. Those were forwarded to the District Jail, Nowgong. It appears the Superintendent, District Jail, Nowgong forwarded a copy of the judgment in G. R. No. 242/77 and Sessions Case No. 50(N-M) of 1981 along with High Court Memo No. 308/Crl. dt/- 22-1-85 under his Memo No. 113 dt/- 25-1-85 on 2-2-85 to the Tezpur District Jail where it was received on 2-2-85. The Superintendent of the District Jail Tezpur on the same day endorsed it to the then Jailor, who in turn is stated to have endorsed it to the then Assistant Jailor and no release order or modified warrant from the Sessions Court was stated to have been received at their end. It appears the Assistant Jailor stated that he did not receive the letter and hence no immediate action was taken.

Ahmed Ali was retransferred from Tezpur District Jail to Nowgong Special Jail on 17-6-85 vide I. G. Prisons Order dt/- 30-5-85, on application of the convict made in 1984, without giving effect to the High Court judgment. The copy of the High Court judgment was received at Nowgong Jail on 28-7-85. He was released on 28-7-85 from the Special Jail, Nowgong where he stayed from 17-6-85 to 28-7-85. Ahmed Ali sent an application to the then Chief Justice complaining about the delay in releasing him whereupon by order of the Chief Justice dt/-11-2-86 the contempt proceeding was started.

2. By order dt. 24-2-86 notice was issued to the respondent, namely, the then Superintendent of District Jail, tezpur to appear before this Court on 17th March, 1986 on which date we were told that the then Superintendent was not Shri A.K. Das but was Shri J.C. Handique. We issued notice to Shri Handique through the Inspector General of Prisons, Assam for appearance before this Court on 28th April, 1986. In obedience to this Courts Order dt. 17-3-86 Shri Handique was personally present in Court on 14-5-86 as the case was not listed on 28-4-86. Meanwhile he filed an affidavit on 29-4-86. In para 8 of his affidavit it was stated that on receipt of Memo No. 308/Crl. dt. 22-1-85 on 2-2-85 he made his endorsement on the same day. However, according to him the relevant records and other particulars as required under the provisions of the Jail Manual were not produced before him by the Jailor, Tezpur District Jail on that day or on any other day thereafter. We accordingly considered it necessary to call for an explanation from the Jailor, Tezpur Jail, who was in-charge of the matter on 2-2-85 and we required him to show cause as to why appropriate action should not be taken against him for his failure to produce the relevant records and other particulars as required under the provisions of R.546 or any other relevant rule of the Jail Manual, before the Superintendent on that day or on any other day thereafter. Notice was accordingly sent to him through the Inspector General of Prisons, Assam. The Jailor was required to be personally present in Court on 16-6-86 on which date the Jailor Shri Nilamber Dowarah was personally present in Court. So also was Shri Handique. In para 3 of his affidavit Shri Dowarah stated that a copy of the judgment of G. R. No. 242/77 and Sessions Case No. 50(N-M) of 1981 along with High Court Memo No. 308/