The court emphasized judicial restraint and the necessity to avoid unfounded remarks that could damage an advocate's reputation, recognizing the reasonable apprehension of bias necessitating case transfer.

JUDGMENT

1. In a peculiar circumstance, Secretary, Home Department, Government of Tripura, representing the State of Tripura has moved the instant petition under Section 407 of CrPC read with Section 482 of CrPC to withdraw and transfer case No.ST(T-1) 103 of 2019 from the Court of learned Addl. Sessions Judge, Court No.2, West Tripura, Agartala to any other Court of competent jurisdiction within West Tripura Sessions Division, and further to quash and set aside the order dated 20.12.2021 passed by learned Addl. Sessions Judge in the aforesaid case whereby the learned Addl. Sessions Judge directed (i) The State of Tripura(being represented by the Secretary, Law Department, Government of Tripura), (ii) Ld. Senior Advocate Mr. Samrat Kar Bhowmik and (iii) Ld. Advocate Mr. Anirban Bhattacharjee, to show cause within two weeks as to why the petition filed by the prosecution dated 20.12.2021 for expunction of remarks would not be referred to the High Court of Tripura for drawing contempt proceedings against them.

2. A criminal trial had been in seisin in the Court of learned Addl. Sessions Judge, Court No.2, West Tripura, Agartala. The respondents were put on trial being charged under Sections 302 /34 of INDIAN PENAL CODE . On 17.12.2021, it was fixed for re-examination of witnesses, namely Sri Kishore Kumar Paul(PW2) and Smt. Mitra Das(PW10), the J.M. 1st Class, Belonia, South Tripura. On 16.12.2021, the appointed Special Public Prosecutor, Mr. Samrat Kar Bhowmik, learned Sr. Advocate had telephonic discussions with his witness Smt. Mitra Das for three times wherein the witness informed him that she would be extremely busy on 17.12.2021 with her regular judicial duty in addition to her works relating to Juvenile Justice Board, and requested the learned senior counsel to take an adjournment.

3. On perusal of the petition filed by the prosecution praying for adjournment, it transpires that the adjournment prayer was made on two grounds, firstly, 'That Smt. Mitra Das being the Principal Magistrate Juvenile Board and Civil Judge(Jr. div) and J.M. 1st Class, Belonia is having her duty in Juvenile Board and regular bench works for which she may not be available today.' and secondly, he would be would be awfully busy with the cases in the High Court.

4. In response to the said adjournment petition dated 17.12.2021, the learned Addl. Sessions Judge, Court No.2, had passed the following order:

'17.12.2021

Learned Sr. Advocate Mr. S. Kar Bhowmik as Special PP being assisted by Learned Advocate Mr. A. Bhattacharjee representing the State has filed an application contending inter alia that PW10(Mrs. Mitra Das, Civil Judge (Jr.Division) & JM 1st Class, Belonia, is having her duty in Juvenile Board and regular bench works for which she may not be available today. It has been further stated in the application that Learned Special PP having his cases fixed in the Hon'ble High Court on both first and second half and as such, it is not possible for him to attend the Court along with another witness, i.e., PW2 (Sri Kishore Kumar Paul).

Accused persons namely, Sumit Chowdhury, Sumit Banik, Sukanta Biswas and Omar Sherif are produced from JC.

Learned Sr. Advocate Mr. P. K. Biswas being assisted by Learned Advocate Mr. M. K. Biswas representing the accused Sumit Chowdhury, Sumit Banik, Sukanta Biswas is also present.

Learned Advocate Mr. A. Banerjee representing the accused Omar Sherif is also further present.

PW10 was scheduled to be examined through VC from the office of Learned District & Sessions Judge, Sout