Delhi High Court
Court On Its Own Motion vs M/S Obsession Naaz & Ors. on 22 January, 2015
Author: S. Muralidhar
$~* IN THE HIGH COURT OF DELHI AT NEW DELHI
#SPL MENTION
+ CONT.CAS.(CRL.) _______ /2015 in CS(OS) 4024 of 2014
(to be registered and numbered by the Registry)
IN RE: COURT ON ITS OWN MOTION
versus
1. M/S OBSESSION NAAZ,
FANCY MARKET,
SHOP No. 38 (GROUND FLOOR),
25, KARL MARX SARANI,
KHIDDERPORE,
KOLKATA-700023.
2. M/S RENU BENU STORES,
FANCY MARKET, SHOP NO. 29,
25, KARL MARX SARANI,
KHIDDERPORE,
KOLKATA-700023 and
3. M/S ALTS TRADING,
FANCY MARKET, SHOP NO.30/33,
25, KARL MARX SARANI,
KHIDDERPORE,
KOLKATA-700023
Also at: 35/A/H/4, KABITIRTHA SARANI,
WATGUNGE STREET,
KOLKATA-700023
4. M/S IMAXX MOBILE ZONE,
FANCY MARKET,
SHOP NO.46 (GROUND FLOOR)
25, KARL MARX SARANI,
CONT. CAS (CRL.) No._____of 2015 Page 1 of 7
KHIDDERPORE,
KOLKATA-700023
5. M/S TAHA TELECOM,
25, KARL MARX SARANI, SHOP NO.45
KHIDDERPORE,
KOLKATA-700023
6. M/S ELITE ELECTRONICS, PARTNERS.
MR. INTIKHAB,
FANCY MARKET, SHOP NO.4 (GROUND FLOOR)
7. DENT MISSION ROAD,
KHIDDERPORE,
KOLKATA-700023
8. M/S BIG BROTHER,
FANCY PLAZA, SHOP NO.5 (SECOND FLOOR)
DENT MISSION ROAD,
KHIDDERPORE,
KOLKATA-700023
9. M/S DANISH, TELECOM DB,
FANCY PLAZA, SHOP NO.6 (GROUND FLOOR)
2, DENT MISSION ROAD, KHIDERPORE,
KOLKATA-700023
10. M/S NAAZ TELECOM
FANCY PLAZA, SHOP NO.8 (GROUND FLOOR)
2, DENT MISSION ROAD, KHIDERPORE,
KOLKATA-700023
11. M/S ALFA INT.,
GREEN PLAZA MARKET, SHOP NO.10,
10A, 14,16,7 and 45
25, KARL MARX SARANI,
KHIDDERPORE,
KOLKATA-700023
CONT. CAS (CRL.) No._____of 2015 Page 2 of 7
ALSO AT:
M.K. PLAZA, SHOP NO.G-7 AND G-8
83, MANSHATALA LANE,
KHIDDERPORE,
KOLKATA-700023
12. M/S FLASHING TECH,
M.K. PLAZA, 83A,
MANSHATALA LANE (FIRST FLOOR)
SHOP NO.F-4,
KHIDDERPORE,
KOLKATA-700023
13. M/S FLASHING TECH,
GREEN PLAZA MARKET, SECOND FLOOR
SHOP NO.S-4,S-5 AND 2-F,
25, KARL MARX SARANI, SHOP NO.45
KHIDDERPORE,
KOLKATA-700023
14. M/S SUPER TRADERS,
M.K.PLAZA (FIRST FLOOR)
83, MANSHATALA LANE,
SHOP NO.F-2
KHIDDERPORE,
KOLKATA-700023
15. M/S AMIR TELECOM,
I-PLAZA, SHOP NO.15 (FIRST FLOOR)
82B, MANSHATALA LANE,
KHIDDERPORE,
KOLKATA-700023
16. M/S MASTER TRADING CORPORATION,
I-PLAZA MARKET, SHOP NO.32 (FIRST FLOOR)
82B, MANSHATALA LANE,
KHIDDERPORE,
KOLKATA-700023
CONT. CAS (CRL.) No._____of 2015 Page 3 of 7
ALSO AT:
I-PLAZA MARKET, SHOP NO.17 (GROUND FLOOR)
82B, MANSHATALA LANE,
KHIDDERPORE,
KOLKATA-700023
ALSO AT
17. M/S IMPRESS,
I-PLAZA MARKET,
SHOP NO.3 (GROUND FLOOR)
82B, MANSHATALA LANE,
KHIDDERPORE,
KOLKATA-700023 ..... Respondents
CORAM: JUSTICE S. MURALIDHAR
ORDER
% 22.01.2015
1. A mention has been made by Mr. Shravan Sahary, a young
Advocate who was one of the 13 Local Commissioners (LCs)
appointed by this Court by an order dated 23rd December 2014 in
CS(OS) No. 4024 of 2014.
2. Mr. Sahary states that on 13th January 2015 at around 1.30 p.m
when he had gone as LC outside the shop of Defendant No. 13, i.e.,
M/s Obsession Naaz, Shop No. 38 (Ground Floor), 25, Karl Marx
Sarani, Khidderpore, Kolkata-700023 to perform the tasks assigned to
him by the Court in the aforementioned order, he was attacked by a
large unruly mob that had gathered there. His front two teeth were
totally broken, and he was severely injured around his right eye and
left cheek. He further points out that one another LC, Mr. Ankur
Mittal, who had gone to Shop No. 39 in the same area, was also badly
beaten up. The other LCs appointed by the Court by the order dated
23rd December 2014 were also attacked and had to flee the place.
Fortunately, they escaped injury. As a result, none of the LCs could
carry out the order passed by the court.
3. Mr. Sahary also handed over to the Court some of the photographs
which show the injuries caused to him. The Court notices that
Mr. Sahary's right eye and left cheek even today bear the injury
marks. The photos also show the presence of a large mob. It does not
appear that any police assistance was made available. The
photographs are taken on record and will be kept in the file in a sealed
cover.
4. This is an extremely serious matter. The LCs appointed by the
Court by its order dated 23rd December 2014 were Advocates who
were prevented from performing their duties as Officers of the Court.
The attack on them appears prima facie to be pre-meditated and
constitutes a brazen interference with and obstruction of the
administration of justice.
5. The Court accordingly issues suo motu notice of contempt to the
Defendants in the C.S. (OS) No. 4024 of 2014 returnable for the next
date.
6. Notice be also issued to the Commissioner of Police ('CP'),
Kolkata through the Resident Commissioner, West Bengal Bhawan,
2, Circular Road, New Delhi. The Registrar General will
communicate this order to the CP, Kolkata telephonically forthwith.
7. In addition, notice be also issued to Mr. Ravindra Nath Sarkar,
Deputy Commissioner of Police (Enforcement), Watgunj Police
Station, Kolkata. He will by the next date file an affidavit explaining
the circumstances under which the unfortunate incident took place
and what remedial action has been taken. He will also explain, if any,
police assistance was sought by and rendered to the LCs.
8. Apart from the contemnors being permitted to file their respective
affidavits, each of the LCs appointed by this Court by the order dated
23rd December 2014 will also file their individual affidavits
explaining what transpired on 13th January 2015 when they sought to
carry out the directions of the Court.
9. The Court directs that the matter be registered and listed as CCP
(Crl.) and to be placed before the Division Bench on 9th February
2015, subject to the orders of the Hon'ble the Chief Justice.
S. MURALIDHAR, J
JANUARY 22, 2015
akg
