CALCUTTA HIGH COURT
PARTHA GHOSH – Appellant
Versus
STATE OF WEST BENGAL AND ORS. – Respondent
WPA 22027 / 2022
23.05.2025 Sl. No. 1 Ct. No.15 Suman CRLCP 9 of 2025 The Court on its own Motion :
Re: Arunangshu Chakraborty in WPCRC 206 of 2023 in WPA 22027 of 2022 Mr. Arunangshu Chakraborty …alleged contemnor (In person)
Mr. Kishore Datta ….learned Advocate General This Court initiated a proceeding under Section 14 of the Contempt of Courts Act, 1971, against the contemnor, Mr.
Arunangshu Chakraborty, an advocate.
After hearing Mr. Chakraborty and the learned Advocate General, I am of the view that the charges against Mr. Chakraborty have been proved. I hold him guilty of the offence punishable under Section 12 of the Contempt of Courts Act, 1971, and accordingly, I sentence him to undergo simple imprisonment for a period of four days.
The facts leading to the punishment of Mr. Chakraborty must be narrated from December 2, 2022, when a Division Bench of this Court, in a contempt proceeding relating to the retirement age of an “Accompanist” teacher of Rabindra Bharati University, made the following observations against Mr. Chakraborty and the then Registrar of Rabindra Bharati University:
“We are unable to accept the submission of Mr.
Chakraborty that the alleged contemnors are not duty bound to obey the direction passed by this court since the Special Leave Petition was dismissed in limini. It was the clear stand of Mr. Chakraborty that by reason of dismissal of the Special Leave Petition, there is no automatic affirmation of our order of which an implementation has been sought for in the contempt proceeding. In other words, the contention of the alleged contemnors is despite dismissal of Special Leave Petition and Review Petition by the Apex Court, the order of this court does not attain finality and not required to be implemented.
…
It was least expected from Mr. Chakraborty, learned advocate representing the alleged contemnors to advice the alleged contemnors not to comply with our order, as such advice runs 3 counter to the basic tenets of law. The majesty of law has suffered to which we cannot turn our blind eyes. The order of the court has to be obeyed and respected.
…
We hold that the alleged contemnors have violated the order passed by us on December 15, 2020. However, such violation may not be willful or deliberate, as we hold that they have proceeded on the basis of the legal advice detrimental to their interest and to their peril.
With a word of caution, we dispose of the contempt application with the aforesaid directions. We record our appreciation for the assistance of Mr. Soumendra Nath Mookherjee, Senior Advocate, in deciding the application.”
(emphasis added)
This Court has been informed that the said Registrar has also been dismissed from his service about a year ago by the University.
The Division Bench has been proved to be prophetic.
Mr. Chakraborty appeared before this Court in a contempt rule hearing against the said Registrar in another matter (WPCRC 206 of 2023), relating to the retirement age of another “Accompanist” teacher of the said University. This time also Mr. Chakraborty represented the Registrar of the University.
In the course of the hearing of the contempt rule issued against the Registrar of the University, the University filed an affidavit on April 30, 2024, disclosing the following Facebook posts allegedly made by Mr. Chakraborty:
“1. Shubhra Kamal Should Chain His Goat Other Wise His Goat May face Contempt. His Goat Thinks He Is Above Constitution.
2. Justice Kaushik Chanda In Contempt Proceedings Passing One After Another Illegal Order And Also Threatening Advocate With Contempt Rule. Not Afraid.
3. Tresspasser Shubhra Kamal May Educate His BJP Poster Boy By Telling Executive Council Have No Role In Court Cases Involving University.
4. Shubra Kamal And His Bafoon Junior Not Aware That Availing Legal Remedy Aagainst Unfavourable Order is Not Contempt.
5. Ex Chief Justice Gogoi Asked Subra Kamal’s Chamber Junior Why Want Elevation When You Erning Huge From Central Government.
6. Shubhra Kamal Should Educate His Junior Fi
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