The Environment Bench, comprising Justice Bhagabati Prasad Banerjee and Justice Ronojit Kumar Mitra, issuing the suo motu contempt rule asking the alleged contemners, Imams, to show cause why they should not be committed to prison or otherwise penalised for having violated the court order. The HC, while granting the prayer of Imams' counsel on Wednesday last in the ongoing Azaan case, had made it clear that the bench was giving the Imams a last chance to appear before the court today.

Taking a serious view of the Imams' non-appearance despite repeated order to this effect, the bench ruled that it is an attempt to challenge the authority of this court. Idris Ali, who appeared for the Imams, submitted before the court today that Imams, against whom thecontempt rule was issued, would decide whether they will appear before the court after a meeting among themselves.

Terming the Imams' decision as deliberate flouting of court order, the bench ruled that ``by their (Imams) conducts they have created an unprecedented situation which is designed to bring out the authority of this court to disrepute.'' The Judges said, ``In such circumstances, if the court keeps its hands aloof,... it would be a case of failure of constitutional machinery and the people will loose all confidence'' in the court and ``judicial system cannot continue....''

The Judges in their ruling said it is an ``attempt to create prejudicial atmosphere against this High Court,'' which, the Judges felt, ``is bound to disrupt not only the communal harmony but also bring down the law and order of the state.'' Incidentally, on April 1, 1996, the Environment Bench of the Calcutta High Court had passed an order imposing certain restrictions on the use of microphones by political parties andreligious communities.

In the order, the HC has imposed a total ban on the use of microphones from 9 pm to 7 am except for the police and public authorities to discharge their statutory duties. However, in April this year on an application for modification, the court ruled that there was no restriction on giving Azaan through microphones after observing decibel limits fixed by the Pollution Control Board after 7 am till 9 pm.