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The tumultuous events surrounding the contempt of court case in Jalpaiguri, with internal disagreements and a mass movement, leading to a legal battle that unfolded through personal appearances, cross-examinations, and eventual sentencing in 2007. The case highlighted violations of fundamental rights and marked significant judicial and executive interactions.
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Court work : Contempt of Court R. Ranjit DM, Jalpaiguri
Circuit Bench Case • High Court Circuit Bench at Jalpaiguri demand from 1992 • Siliguri vs Jalpaiguri • Settled in 2005 that Jalpaiguri will be site of Circuit Bench • Temporary site made ready in 2005. • Judges’ residences also ready
Judicial teams visited several times • Long delay in the inauguration • Internal disagreement with in the Judiciary • Bar Association getting restive • Call for agitation
15th December started for 3 days • Bar and lawyers of Jalpaiguri • After 3 days, it was a Samannay Committee – all parties, traders, students – mass movement • Built a rostrum in front of Main gate to Court Complex. Side gateopen. • Judges not allowed – by request.
GR & NGR cases done at Thana or Judge’s residence • Judges come to the Complex-Lawyers request them with folded hands -They return – for 18 days of closure. • Police arrangements made. • Vacation from 22nd December, 2006. • Monitoring Meeting on 5th January, 2007, Legal Aid function on 2nd January, 2007 – no whisper.
10th January, 2007. The Hon’ble Chief Justice Mr. V. S. Sirpurkarelevated to the Supreme Court. Justice Mr. Bhaskar Bhattacharyatakes charge. • 10th January, 2007. I get letter for first time on from Addl. District Judge in Charge. I was out of station - National e-Governence Seminar, Hyderabad. • 12th January, 2007 returned to HQs. • Immediately worked on a plan. Called the agitators.
15th January, 2007. Contempt Rule issued on DGP, DM, SP and I/C Kotwali. • 15th January, 2007, 04.00 pm Rostrum cleared and gates opened • 16th January, 2007 – Judges’ escortedpersonally by SP in spite of General bundh.
19th January, 2007 First personal appearance. Had to stay till 23rd January, 2007 • Then 2nd personal appearance on 29/01/2007 • Cross examination on 09/02/2007 • Fax messages – sent from my office – 16/02/2007 and again not allowed
Defence • Legal malice • Judges sought no help • High Court took no steps. Gave no directions • Fax machines not in “view”
Ground for Sentence • “Aiding and abetting” through “inaction” • Violation of fundamental Rights under Act 22(2) for 1 month • Earlier Chief Justice has telephonic instruction to DG. No written order. DG says it is only to monitor law and order situation. • “Crime unprecedented in the history of post independence India” • “Butchered the Indian Constitution”
2nd March, 2007 sentenced to 6 month simple imprisonment and Rs. 2000/- fine and in default another 1 month. DGP of West Bengal, DM of Jalpaiguri, SP of Jalpaiguri, IC Kotwali and 18 others. • Left for Delhi on 4th March, 2007.
Delhi running around • Governor spoke to F. Nariman • Chief Secretary met F. Nariman • All contemnors met F. Nariman • Paper book made. DG’s case 20 seconds. 15th April, 2007 • 16th April, 2007 – Ours – 10 secs.
Ignored disposal of cases at thana/ residences • No obstruction done • Legal cases mentioned • F. Nariman “My Lord, there is no order of the High Court. So there is no question of any contempt”
In General • Contempt cases - LA, RTO etc. • Freedom Fighter’s Case. • Close Monitoring • Hearing on time and personally. • Pass an order / any order within time • Get G.P’s help • Do it yourself