Contempt of court: CPM top brass appears in HC

Express News Service Posted: Aug 06, 2008 at 0325 hrs
Kolkata, August 05 CPM leaders Biman Bose, Benoy Konar and Shayamal Chakraborty appeared in the Calcutta High Court on Tuesday in compliance with an order passed by the court last month.

On July 11, the court had issued a contempt rule against the three leaders for their alleged derogatory remarks against the judiciary after it had described the police firing in Nandigram as “unconstitutional”. It had also directed them to appear before a bench within a month.

After their personal appearance, the Division Bench of Chief Justice S S Nijjar and Justice Pinaki Chandra Ghosh exempted the three leaders from further personal appearance for the time being. The Bench also admitted the plea moved by their counsel to file an affidavit within eight weeks in the contempt case. It will come up for hearing on November 14.

On Tuesday, Mayor and advocate Bikash Ranjan Bhattacharya, counsel of the leaders, moved the plea that the leaders were present in the courtroom. Bhattacharya prayed for an order to exempt them from personal appearances in the next hearings.

On November 16, 2007, the High Court had declared that the police firing at Nandigram on March 14 was illegal. Following this, the three leaders had criticised the judgment as well as the judiciary in a November 17 rally.

Bose had said: “We feel the court has interfered in the state’s domain. If the High Court has the last word on everything, what is the use of having a legislature and an executive? Will the court decide the government’s course of action?” Konar and Chakraborty had also criticised the judiciary on the same lines.

Last December, the Bar Association and the Bar Library Club of the Calcutta High Court had filed a petition alleging that such remarks amounted to contempt of court. On January 11, the same bench had directed the registrar general of the Calcutta High Court to issue the contempt notice against the three leaders.

On record
1993:
On December 11, 1993, Bose had stated “judgment could be purchased against money”. The court had fined him Rs 1,000 for contempt of court.

2001: On November 9, Bose said in Siliguri that some projects could not be implemented for the irresponsible judgments passed by the Calcutta High Court. He had to appear in court in November 2001 for a hearing. The case is still pending.

2003: Bose had to appear in the High Court on November 7, 2003 for his remark against a judgment passed by a former judge of the Calcutta High Court. The court had directed the state to send him to jail for three days and imposed a fine of Rs 10,000 on him. Bose filed a petition in the Supreme Court and the matter is still pending.