Registrar General High Court vs . Shri Adelbert Nongrum
2022 Latest Caselaw 29 Meg

Serial No. 02       HIGH COURT OF MEGHALAYA
Regular List               AT SHILLONG

 Crl.OP (C) No. 1 of 2015
                                                   Date of order: 23.02.2022
 Registrar General High Court      Vs.          Shri Adelbert Nongrum
 of Meghalaya
 Coram:
        Hon'ble Mr. Justice Sanjib Banerjee, Chief Justice
        Hon'ble Mr. Justice W. Diengdoh, Judge
 Appearance:
 For the Petitioner/Appellant(s) :
 For the Respondent(s)           : Mr. Philemon Nongbri, Adv. [For R 1]

Mr. K. Paul, Sr. Adv. [For R 2-6] Mr. J.M. Thangkhiew, Adv.

Mr. S. Sengupta, Addl.Sr.GA

The matter pertains to sloganeering indulged in by members of a youth organisation by the name of Hynniewtrep Youth Council (HYC) outside the High Court premises.

Counsel appearing for the alleged contemnors assures the Court that the organisation believes in the Indian Constitution and its office-bearers swear allegiance to the same.

It would be best if short affidavits are individually filed by all the office-bearers of the organisation swearing allegiance to the Constitution and undertaking not to disturb peace and harmony.

It must be remembered that, subject to certain known restrictions, every citizen in this country has a right to peacefully protest and voice his opinion, however unpalatable the same may be. It is also necessary that criticism of even court judgments are accepted, as long as the criticism is not scurrilous.

Considering the words used in course of the sloganeering, which may be misunderstood as an act of militancy, if the organisation and its office-bearers swear allegiance to the Constitution and undertake not to disturb peace and harmony, the matter should end there.

This Court is a public institution and even judges should be open to criticism. However, there is a limit which cannot be crossed so that the

dignity of the institution and the confidence that ordinary people repose in the same is not unduly challenged or disturbed.

Let the matter appear a fortnight hence.

List on March 11, 2022.

           (W. Diengdoh)                             (Sanjib Banerjee)
               Judge                                   Chief Justice


Meghalaya
23.02.2022
 "Sylvana PS"