Anjali Chakraborty vs State of Assam and Others

S.P. Rajkhowa, J.—Heard Mr. M A. Laskar, learned Counsel for the Petitioner and also Mr. P. Prasad, learned senior Government Advocate, Assam. The preliminary objection raised by the opposite party is that the petition for alleged contempt has been filed by a party as per provision of Rule 9(b) of the contempt Rules framed by this Court. Mr. Laskar submits that this petition may be entertained by this Court. On the other hand Mr. Prasad submits that Rule 9(c) of the High Court Contempt Rules provides for specific cases where there is any civil contempt of a subordinate Court. In such cases a reference must be made by the Court itself whose orders have been violated. Only then this High Court shall exercise jurisdiction. Learned Counsel Mr. Laskar has also placed reliance on Section 10 of the Contempt of Court Act 1971 and submits that this Court has jurisdiction to try a contempt case even if it is filed by the party aggrieved.

I think this matter should be decided by a Division Bench of this Court, so that in future no confusion would arise. As such let the matter be placed before a Division Bench.