The Division Bench of the Gauhati High Court, comprising Justice Kalyan Rai Surana and Justice Devashis Baruah has initiated contempt proceedings against an advocate who made various demeanor remark against the presiding judge of the District Court.
Reasoning and Decision of the Court
The Court was informed that the respondent advocate had made various remarks i.e. the presiding officer has been presiding the Court by wearing jewelry like a Model in Ramp and that each and every occasion she tried to overpower/depress the advocates by citing unnecessary case laws and sections of statues without hearing the advocates and tries to control the Court room behaving like a Gangue (sic).
The Respondent also compared the Presiding Judge to a mythical character in Purana/ Mahabharat, known as bhasmasur.
The Court charged the Respondent with criminal contempt referred to in section 14 of the Contempt of Courts Act, 1971. The respondent/contemnor has pleaded guilty to the charge. He has specifically admitted that he had come to realize that respect of the Judges and Magistrates of any Court should be preserved and protected by the establishment of peace, order, harmony and tranquility of human society.
Therefore, the Court in view of the plea of guilty taken by the respondent/contemnor, convicted the respondent contemnor on his plea of guilty being taken, as per the provision of section 14 of the Courts Act, 1971.
The Court ordered the respondent to submit a personal bond for a sum of Rs.10,000/- for being released on bail.
Case Details
Case:- Cont.Case(Crl)(Suo Moto)/1/2022
Petitioner:- XXX
Respondent:- In Re-Utpal Goswami
Counsel for the Petitioner – SC, GHC
Counsel for the Respondent – Mr Z Kamar
Judge: Justice Kalyan Rai Surana and Justice Devashis Baruah
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