HARIDAS DAS versus SMT. USHA RANI BANIK & ORS.

HARIDAS DAS versus SMT. USHA RANI BANIK & ORS.

The applicant's statements and allegations in IA, including those against the Chief Justice of India and other judicial officers, were contemptuous, amounting to a scurrilous attack on the integrity, honesty, competence, and impartiality of judges. Such remarks impair public confidence in the judiciary and amount to criminal contempt. The apology tendered was not genuine, as the contemnor persisted in justifying the allegations. Accordingly, the applicant was found guilty of contempt and sentenced to imprisonment for two months.

Parties
Appellant: Haridas Das; Respondent 1: Smt. Usha Rani Banik; Contemnor: Apu Banik; Respondent: P.K. Chakravarty
Jurisdiction
India
Judgment Date
16 July 2007
Procedural Posture
Civil Appeal / Contempt Proceedings in Civil Appeal No. 7948 of 2004 Arising From the Order of the Gauhati High Court Dated 14.11.2003
Outcome
Contemnor found guilty of contempt of court and sentenced to imprisonment for two months.
Legal Topics
Judicial Conduct, Fair Criticism of Judiciary, Criminal Contempt
Constitutional Law Contempt of Court Judicial Conduct Fair Criticism of Judiciary Criminal Contempt

Case Brief

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Parties

Haridas Das

Appellant

Smt. Usha Rani Banik

Respondent 1

Apu Banik

Contemnor

P.K. Chakravarty

Respondent

Procedural Posture

Civil Appeal / Contempt Proceedings in Civil Appeal No. 7948 of 2004 Arising From the Order of the Gauhati High Court Dated 14.11.2003

Legal Issues

  1. 1 Whether statements and allegations made by the applicant in the IA constitute criminal contempt of court
  2. 2 What constitutes fair criticism of a court and judge as opposed to contempt
  3. 3 Appropriateness and genuineness of apology tendered by the contemnor

Ratio Decidendi

The applicant's statements and allegations in IA, including those against the Chief Justice of India and other judicial officers, were contemptuous, amounting to a scurrilous attack on the integrity, honesty, competence, and impartiality of judges. Such remarks impair public confidence in the judiciary and amount to criminal contempt. The apology tendered was not genuine, as the contemnor persisted in justifying the allegations. Accordingly, the applicant was found guilty of contempt and sentenced to imprisonment for two months.

Court Disposition

Contemnor found guilty of contempt of court and sentenced to imprisonment for two months.

Orders

  • Contemnor to undergo imprisonment for two months and be taken into custody and sent to Tihar Jail, New Delhi, forthwith.
  • Contempt proceedings disposed of.