IN THE HIGH COURT OF ORISSA AT CUTTACK

SUO MOTU CONTC No.6604 of 2022

Registrar (Judicial),

Orissa High Court

..…….

Petitioner

Mr. Ashok Kumar Parija

Advocate General

Mr. Jyoti Prakash Patnaik,

Government Advocate

-Versus-

Nakul Kumar Nayak,

President, Lawyers Bars Association, Tangi...…….. Opp. Party/

Contemnor

Mr. Milan Kanungo, Senior Advocate

Mr. Jyotirmaya Sahoo, Advocate

CORAM:

JUSTICE S. TALAPATRA

DR. JUSTICE S.K. PANIGRAHI

ORDER

22.12.2022

Order No.

05.

1.

This matter is taken up through Hybrid Mode.

2.

Mr. Ashok Kumar Parija, learned Advocate General and Mr.

J.P. Patnaik, learned Government Advocate are present in the

proceeding.

3.

Mr. Milan Kanungo, learned Senior Counsel along with Mr.

Jyotirmaya Sahoo, learned counsel is present for the contemnor.

2

4.

The contemnor is present in the Court. On the last occasion,

the contemnor filed an affidavit completely admitting the charge that

was framed against him. For the purpose of reference, the charge that

was framed against the contemnor is reproduced below:

“C H A R G E

We, Justice Subhasis Talapatra and Dr. Justice

Sanjib Kumar Panigrahi hereby charge you, Sri Nakul

Kumar Nayak, President, Lawyers Bar Association,

Tangi as follows:

On 21.10.2022, at about 4.45 P.M., while Smt.

Siona

Siddhant

Moharana,

Nyayadhikari,

Gram

Nyayalaya-cum-J.M.F.C., Tangi was taking up the

forwarding matters, at that time, she heard someone was

abusing her from outside her Chamber at Tangi.

From the voice, she could recognize you to be Sri

Nakul

Kumar

Nayak,

President,

Lawyers

Bar

Association, Tangi. CASI Constable Tuni Palei came and

told her that Advocate Nakul Kumar Nayak was abusing

her from outside her Chamber at Tangi for rejecting one

bail application, which was conducted by him.

At the same day, i.e. 21.10.2022, between 5.20 to

5.25 P.M., while Smt. Siona Siddhant Moharana,

3

Nyayadhikari, Gram Nyayalaya-cum-J.M.F.C., Tangi

was proceeding towards her Car to return home, you Sri

Nakul

Kumar

Nayak,

President,

Lawyers

Bar

Association, Tangi along with over 15 to 20 Advocates

came near her Car and obstructed her.

You made attempts to compel her to talk to you on

some matters right there.

You, Sri Nakul Kumar Nayak, President, Lawyers

Bar Association, Tangi had asked Smt. Siona Siddhant

Moharana,

Nyayadhikari,

Gram

Nyayalaya-cum-

J.M.F.C., Tangi how she could reject the bail application

for the offence under Section 506 of the IPC to which she

replied that she had mentioned the facts in detail in the

order and if, you were aggrieved, you could approach the

higher forum. In a threatening voice, you uttered during

that time, you would ventilate your grievance to the

Registrar, Civil Court, Khurda at Bhubaneswar.

You had also threatened her by saying that, if she

had not changed her order rejecting the bail application

under Section 506 of the IPC, “we will boycott your court

from tomorrow onwards”.

4

About two months back, from 21.10.2022, during

the cease-work, at about 11.45 P.M., Sri Susanta Kumar

Sethi, a Court staff informed Smt. Siona Siddhant

Moharana,

Nyayadhikari,

Gram

Nyayalaya-cum-

J.M.F.C., Tangi over phone that you, being drunk, were

beating the gate of the court building at about 12.05 A.M.

[night]. Sri Susanta Kumar Sethi called her and informed

that you were abusing him in slang language and you had

also abused her in the drunken state.

You have made it a practice to abuse Smt. Siona

Siddhant Moharana, Nyayadhikari, Gram Nyayalaya-

cum-J.M.F.C., Tangi inside the Court premises whenever

any order is not in your favour. You had spoken to her

(the Magistrate)