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2005 Supreme(Gau) 744
IN THE HIGH COURT OF GAUHATI
Biplab Kumar Sharma, J.
Registrar (I & E), Gauhati High Court
Vs.
Amarjit Borgohain and Ors.
Decided On : 03.10.2005
The main legal point established in the judgment is that actions amounting to contempt of court, as defined in Section 2(c) of the Contempt of Court Act, 1971, can lead to serious consequences, including criminal proceedings.
Headnote:
Contempt of Court - Transfer of Cases - [Gauhati High Court] - [Contempt of Court Act, 1971] - [Section 2(c), Contempt of Court Act, 1971, Circulars issued by the Hon'ble Chief Justice] - The court discussed the long-standing practice of transferring cases to outlying Benches based on circulars issued by the Hon'ble Chief Justice and found that the actions of the Registrar (I&E) and the counsel involved in the review petitions amounted to contempt of court. The court also referred the matter to the Hon'ble Chief Justice for consideration to place the matter before a Division Bench for drawing up criminal contempt of Court proceeding against the responsible persons.
Fact of the Case:
The case involved review petitions filed against orders transferring cases to Itanagar Bench based on circulars issued by the Hon'ble Chief Justice. The court found that the actions of the Registrar (I&E) and the counsel involved in the review petitions amounted to contempt of court.
Finding of the Court:
The court found that the actions of the Registrar (I&E) and the counsel involved in the review petitions amounted to contempt of court. The court also referred the matter to the Hon'ble Chief Justice for consideration to place the matter before a Division Bench for drawing up criminal contempt of Court proceeding against the responsible persons.
Issues: The issues involved the transfer of cases to Itanagar Bench based on circulars issued by the Hon'ble Chief Justice and the alleged contempt of court by the Registrar (I&E) and the counsel involved in the review petitions.
Ratio Decidendi: The court's decision was based on the finding that the actions of the Registrar (I&E) and the counsel involved in the review petitions amounted to contempt of court, and the matter was referred to the Hon'ble Chief Justice for further consideration.
Final Decision: The court referred the matter to the Hon'ble Chief Justice for consideration to place the matter before a Division Bench for drawing up criminal contempt of Court proceeding against the responsible persons.
B.K. Sharma, J.
1. All the writ petitions pertain to Itanagar Bench of which W.P. (C) No. 5401/2005 has been disposed of on 15.9.2005. However, in view of the orders passed in the connected review petitions, the writ petitions cannot be transferred to Itanagar Bench. The review orders have been passed by another Bench (R.B. Misra, J) inspite of availability of this Bench, which passed the orders carried on review. (Neither I have retired nor expired).
2. The review petitions have been filed against the orders passed in the connected writ petitions i.e., W.P. (C) No. 5416/2005, W.P. (C) No. 5401/2005, W.P. (C) No. 6282/2005 and W.P. (C) No. 5109/2005 transferring the cases to Itanagar Bench since the matters pertain to that Bench. Although the writ petitions were filed at the Principal Seat at a time when there was no Bench available at Itanagar, considering the fact that a Bench was available from the next week, writ petitions were ordered to be transferred to Itanagar Bench. Such a course of action was adopted on the basis of long standing practice of transferring the cases to outlying Benches on the basis of the following two circulars, issued as per the order of the Hon'ble Chief Justice:
The Gauhati High Court at Guwahati
Order
Date: 25.11.91
The Hon'ble Chief Justice has been pleased to order that all cases of Shillong pending in the Principal Seat is transferred to that Bench (except those specifically directed to be kept here)
Similar cases relating to other Benches (except those specifically directed to be kept here) be transferred to respective Benches.
By order
Sd/- P.C. Phukan
Registrar (Judl.)
The Gauahati High Court at Guwahati Order of the Hon'ble Chief Justice
Order No. 14
Date 21.4.2001
The Hon'ble Chief Justice is pleased to order that all cases pertaining to Itanagar Bench at Naharlagun, Arunachal Pradesh whether filed at any earlier point of time or to be filed in future at the Principal Seat for absence of Bench at Itanagar, are to be transferred to the Itanagar Bench of the Gauhati High Court at Naharlagun. This order will come into force with immediate effect.
By order
etc. Sd/-I.A. Ansari
Registrar General
3. Even the Registry of the High Court used to transfer the cases to the outlying Benches on the basis of the aforesaid two circulars issued by the Hon'ble Chief Justice. During my last sitting at Kohima Bench, the fact of transferring the cases by the High Court Registry itself came to my notice, while dealing with the cases there. In this connection letter No. 7743-44/RM dated 25.4.2005 issued by the Assistant Registrar (I & E) as was directed to her is quoted below:
The Gauhati High Court
No. 7743-44/RM dt.25,4.05
From: Smt. D. Borah,
Asstt. Registrar (I&E)
To : The Assistt. Registrar,
Gauhati High Court, Kohima Bench, Kohima, Nagaland.
Subject: Transmission of case records in W.A No. 167/04 (Sri Hugie Zeliang and Anr. v. State of Nagaland and Ors.)
Reference: Standing order of HCJ dt. 25.11.91
(copy enclosed)
Sir.
I am enclosing herewith the standing order of the HCJ dated 25.11.91 (copy enclosed), I am directed to send the case records in W.A. 167/04 arisen out of order dt. 6.4.04 passed in W.P. (C) 12 (k)/03 to take necessary steps at your end.
Receipt of the case records may be acknowledged at your end.
Yours faithfully
Asstt. Registrar (I & E)
Gauhati High Court
4. Similarly the High Court Registry by its letter No. 16.617-29/RM dated 6.9.99 transferred the cases mentioned therein to Kohima Bench. The letter reads as follows:
The Gauhati High Court
No. 16,617-29/RM dt. 6.9.99
From: Sri T.N. Das
Asstt. Registrar (B)
To: The Assistt. Registrar,
Gauhati High Court,
Kohima Bench, Kohima, Nagland.
Subject: Transmission of case records as per list enclosed herewith.
Reference:
Sir,
I am directed to send herewith the case records alongwith other connected papers as per list enclosed herewith relating to Kohima Bench, Kohima for taking necessary action at your end.
The receipt of the case records may please be acknowledged.
Enclose : Yours
