The Court on Its Own Motion Vs. Sri Biman Bose and 2 ors.

The Court on Its Own Motion vs Sri Biman Bose and 2 ors.

Type Court Judgment Court Kolkata Decided Mar 26, 2010

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Citation: sooperkanoon.com/902856
Court: Kolkata High Court
Judge: Bhaskar Bhattacharya and; Prasenjit Mandal, JJ.
Decided On: Mar 26, 2010
Case Number: CRLCP 8, 9, 10 and 11 of 2008
Subject: Contempt of Court

Case Summary

AI-generated summary - not the official court judgment text.

- MINING Direction to State Government to consider all applications afresh in light of interpretation of Section 11 of the Act and Rules 35, 59 and 60 of MC Rules Main issue : Whether the State Government's recommendation dated 06.12.2004 and the proceedings of the Chief Minister are contrary to the provisions of...

Key legal issue: Contempt of Court
Acts & sections: Contempt of Court Act, 1971 - Sections 2, 2(1), 13, 14, 15, 15(1), 15(2) and 20; ;Constitution of India - Articles 19, 19(2) and 215

Parties & Advocates

Appellant / Petitioner

The Court on Its Own Motion

Advocate Saktinath Mukherjee,; Kashi Manta Moitra,; S.P. Roy Chow

Respondent

Sri Biman Bose and 2 ors.

Advocate Samaraditya Pal and; Mallol Bose, Advs. for Respondent No. 1 and;

Legal References

Acts: Contempt of Court Act, 1971 - Sections 2, 2(1), 13, 14, 15, 15(1), 15(2) and 20; ;Constitution of India - Articles 19, 19(2) and 215

Excerpt

.....are premature.[para 21] if such premature applications are allowed to be entertained, it would result in the state government giving out mining leases to favoured persons without notice to the general public.[para 53] c) whether the order of the high court of karnataka in ziaulla sharieff's case permit the consideration of the respondent-jindal's application dated 24.10.2002 made prior to the notification dated 15.03.2003. the order of the high court of karnataka in ziaulla sharieff's case does not permit the consideration of jindal's application dated 24.10.2002 which was made prior to the notification dated 15.03.2003.[para 42] d) whether rule 35 of the mc rules justify the recommendation of the state government in favour of the respondents-jindal and kalyani -- as discussed above, rule 35 only permits the state government to take additional factor of the "end use" of the minerals and not the existing investments made by the applicants. moreover, relying on the existing investments made, the respondents also does not satisfy the requirements under section 11(3)(d) which talks solely about proposed investments to be made and not the existing ones.[para 44] e) whether the criterion of "captive consumption" referred to in tata iron and steel co. ltd. vs. union of india, (1996) 9 scc 709, have any application in this case despite not being one of the factors referred to in section 11 (3) of the mmdr act or rule 35 of the mc rules -- we have already held that section 11(3) specifies the matter relevant for purposes of second proviso to section 11(2). we also referred to the committee's report. in accordance with the recommendation in the said report, section 11(3)(d) was added as part of the substitution of section 11 in the year 1999. sub-section (d) provides that "the investment which the applicant proposes to make in the mines and in the industry based on minerals" and it speaks about investment proposed to be made and not past investments. thus it..........appellate sidecrlcp no. 8 of 2008in the matter of an application of contempt being cpan 1246 of 2007 for violation of the court's order dated 16.11.2007 passed by this court in w.p. no. 8596 (w) of 2007.and in the matter of:bar association high court, calcutta and ors.petitionersv. 1. sri biman bose, state secretary of c.p.i. (m) and chairman of the left front having its office at 37, alimuddin street, calcutta, 700017.2. sri binoy konar, member of central committee of c.p.i. (m), having its office at 37, alimuddin stree, calcutta, 700017.3. sri shyamal chakraborty, member of state committee of c.p.i. (m) and president of citu, 37, alimuddin street, calcutta, 700017.opposite parties/contemnersto, 1. sri biman bose, state secretary of c.p.i.(m) and chairman of the left front having its office at 37, alimuddin street, calcutta, 700017.2. sri binoy konar, member of central committee of c.p.i. (m), having its office at 37, alimuddin stree, calcutta, 700017.3. sri shyamal chakraborty, member of state committee of c.p.i. (m) and president of citu, 37, alimuddin street, calcutta, 700017.notice is hereby given to you that an application supported by an affidavit (copy whereof with the court's order dated 11.07.2008 thereon is enclosed) presented and a rule has been issued on 11.07.2008 which will be heard by the hon'ble court on friday, the 8th day of august 2008 at 10.30 a.m. in the high court at calcutta and you are directed to show cause why you should not be committed to prison or otherwise penalized or dealt with for the acts or conduct by way of making statements which were widely published by print media and electronic media in relation to an order dated 16th november, 2007 passed by this court in w.p. no. 8596 (w) of 2007 which are highly derogatory in nature and have the effect of denigrating the dignity and majesty of the hon'ble high court and interference with due course of judicial proceeding and the administration of justice and you are hereby informed.....

Full Judgment

ORDER

ED the alleged contemnors aforesaid shall appear personally before this Court at 10-30 A.M. and shall not leave the Court without permission.

Let the Rule be served personally on the alleged contemnors-respondents.

(SURINDER SINGH NIJJAR, C.J.)

(PINAKI CHANDRA GHOSE, J.)

7) It further appears from the order of the Division Bench recorded on July 18, 2008 that on mentioning by the learned Advocate for the applicants, the said Division Bench withdrew the Rule earlier drawn up and directed the office to draw up a fresh Rule in form No. 2 by passing the following order:

18.7.08

(Mentioned)

Mr. Sakti Nath Mukherjee,

Mr. Jayanta Mitra,

Mr. S.P. Roychowdhury,

Mr. Tapan Kr. Mukherjee..For the Petitioner

On being mentioned by the Learned Counsel for the petitioner, the earlier Rule drawn on 11th July, 2008 is withdrawn and substituted by the Rule drawn in terms of Form No. 2.

(Surinder Singh Nijjar, C.J.)

(Pinaki Chandra Ghose, J.)

8) Consequently, a new Rule was drawn up as quoted below:

IN THE HIGH COURT AT CALCUTTA

Special Jurisdiction (Contempt)

Appellate Side

CRLCP No. 8 of 2008

In the matter of an application of contempt being CPAN 1246 of 2007 for violation of the Court's order dated 16.11.2007 passed by this Court in W.P. No. 8596 (W) of 2007.

And in the matter of:

Bar Association High Court, Calcutta and Ors.

Petitioners

1. Sri Biman Bose, State Secretary of C.P.I. (M) and Chairman of the Left Front having its office at 37, Alimuddin Street, Calcutta, 700017.

2. Sri Binoy Konar, Member of Central committee of C.P.I. (M), having its office at 37, Alimuddin Stree, Calcutta, 700017.

3. Sri Shyamal Chakraborty, Member of State Committee of C.P.I. (M) and President of CITU, 37, Alimuddin Street, Calcutta, 700017.

Opposite Parties/Contemners

To,

1. Sri Biman Bose, State Secretary of C.P.I.(M) and Chairman of the Left Front having its office at 37, Alimuddin Street, Calcutta, 700017.

2. Sri Binoy Konar, Member of Central committee of C.P.I. (M), having its office at 37, Alimuddin Stree, Calcutta, 700017.

3. Sri Shyamal Chakraborty, Member of State Committee of C.P.I. (M) and President of CITU, 37, Alimuddin Street, Calcutta, 700017.

Notice is hereby given to you that an application supported by an affidavit (Copy whereof with the Court's order dated 11.07.2008 thereon is enclosed) presented and a rule has been issued on 11.07.2008 which will be heard by the Hon'ble Court on Friday, the 8th day of August 2008 at 10.30 a.m. in the High Court at Calcutta and you are directed to show cause why you should not be committed to prison or otherwise penalized or dealt with for the acts or conduct by way of making statements which were widely published by print media and electronic media in relation to an order dated 16th November, 2007 passed by this Court in W.P. No. 8596 (W) of 2007 which are highly derogatory in nature and have the effect of denigrating the dignity and majesty of the Hon'ble High Court and interference with due course of judicial proceeding and the administration of justice and you are hereby informed that you shall appear personally before this Court on Friday, the 8th day of August 2008 at 10.30 a.m.

By order of the High Court.

Sd/ dt. 25.7.08

Assistant Registrar,

High Court, Appellate Side,

Calcutta.'

S U B P O E N A

IN THE HIGH COURT AT CALCUTTA

Special Jurisdiction (Contempt)

Appellate Side

CRLCP No. 9 of 2008

In the matter of an application of contempt being AST 3114 of 2007 for violation of the Court's order dated 16.11.2007 passed by this Court in W.P. No. 8596 (W) of 2007.

And in the matter of:

Bar Library Club, High Court, Calcutta and Ors.

Petitioners

1. Biman Bose

2. Binoy Konar

3. Shyamal Chakraborty,

All of 33, Alimuddin Street, Calcutta - 700 016

Opposite Parties/Contemners

To,

1. Biman Bose

2. Binoy Konar

3. Shyamal Chakraborty,

All of 33, Alimuddin Street, Calcutta - 700 016

Greeting: We command you, that laying all matters aside and notwithstanding and excuse, you personally appear before the court of the Hon'ble Justice Surinder Singh Nijjar, Chief Justice and the Hon'ble Justice Pinaki Chandra Ghose on Friday, the 8th day of August 2008 at 10.30 a.m. in the High Court at Calcutta and so on the like manner from day to until you have leave to depart the Court and herein fail not at your peril.

Witness: Hon'ble Justice Surinder Singh Nijjar, Chief Justice at Calcutta, aforesaid the 11th July, 2008.

Registrar (Administration)

High Court, Appellate Side,

Calcutta

11.07.2008

CRLCP No. 9 of 2008

IN THE HIGH COURT AT CALCUTTA

Special Jurisdiction (Contempt)

Re: An Application for contempt being A.S.T. 3114 of 2007

In the matter of : The Court on its own Motion

Upon reading a petition of Bar Library Club and Ors. and their affidavit of verification thereof, dated 27th day of November, 2007 and the exhibits or annexures to the said petition and upon hearing Mr. Sakti Nath Mukherjee, learned Senior counsel on behalf of the petitioners.

It is order that a criminal contempt rule do issue calling upon the alleged contemnors-respondents as stated in the contempt application service through the learned Chief Metropolitan Magistrate, Calcutta to show cause why they should not be committed to prison or otherwise penalized or dealt with for the acts or conduct by way of making statements which were widely published by print media and electronic media in relation to an order dated 16th November, 2007 passed by this Court in W.P. 8596 (W) of 2007, which are highly derogatory in nature and have the effect of denigrating the dignity and majesty of the Hon'ble High Court and interference with due course of judicial proceedings and the administration of justice.

The Rule is made returnable on 8th August, 2008.

On the returnable date IT IS

Same Court & Year Kolkata · 2010 Same Parties The Court on Its Own Motion vs Sri Biman Bose and 2 ors. Same Subject Contempt of Court Same Judge Bhaskar Bhattacharya and; Prasenjit Mandal, JJ. Acts & Sections Contempt of Court Act, 1971 - Sections 2, 2(1), 13, 14, 15, 1...

Contempt of Court

The Court on Its Own Motion Vs. Sri Biman Bose and 2 ors.

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