Thread by @barandbench

#CalcuttaHighCourt 3-Judge Bench hears #contemptcase initiated by Justice Rajasekhar Mantha against protesting lawyers who barred access to his courtroom.

LIVE UPDATES to follow.

#CalcuttaHighCourt: In last occasion, we requested assistance of Bar Councils etc. for identifying (the lawyers who protested). We got the video footage, if Bar Council of WB could identify their name, address, enrolment no.. representatives of three Bars can assist
#Contempt

Counsel: If your Lordships may kindly consider somehow to put an end to the matter.

Only one issue, we opened the doors because we were told a cat has come into the courtroom and emitted foul odour, so we had to open the doors, Judge orally responds.

#CalcuttaHighCourt

Justice Sivagnanam: I also come from a State where.. it is nothing new about agitations.. I was also an office bearer of an association ... here, an Hon'ble Judge of the Court has been targetted

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Justice Sivagnanam recalls that in Gujarat, the bar had gone on agitation, which was not strictly judge-centric, saying judge shouldn't be shifted out of state etc.

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Justice Sivagnanam: Even today's ToI says, 9 district judges have been exonerated in contempt

There may be cases where a lawyer may say something out of turn in court, which he later aplogises for. But this is a case where contempt was issued because Judge was targetted, he adds

Justice Sivagnanam: But this is a very.. see, nobody wants to prolong the issue, especially when you are the oldest high court.

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Court: The alleged contemnors have to be identified properly, because it is a quasi criminal proceedings.. if 10 guilty peple are acquitted, it is not a problem..so idenitification is very important.

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Court: They (alleged contemnors) are going to be heard in the matter, there is no prejudices, no pre-decision.. whatever ld senior counsel has said, we will keep it in mind... one judge has been named, that is very peculiar to this matter.

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Court: So for the present, what will do is we will take this report on record.. but we will not open it now ... Let the Bar Council and the Bar view it and then come before the court.

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Court views video footage of lawyers' protests which led to the contempt proceedings.

Court: This is in front of court no. 13?

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Justice Sivagnanam (watching the video): This is where they are preventing him (Justice Mantha) from entering the Courtroom, at 10.48

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Justice Sivagnanam: What we will do is, we will furnish copy of video footage.. to Bar Council of WB, BCI and 3 Bar Associations.. so you will be able to identify ... After you file reports, we will say what is to be done in the next hearing

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Court: In one of the writ petitions filed today, they have impleaded all of them (protesting lawyers)... but we don't know if they are the right people

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Court dictates ORDER, records that commissioner of police has submitted a report, that ACP has submitted Electronic certificate regarding CCTV footage as required under Indian Evidence Act.

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#CalcuttaHighCourt orders that a copy of the CCTV footage from January 9 be furnished to Bar Council of India, Bar Council of West Bengal and the three Bar Associations so that the lawyers in the footage may be identified.

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#CalcuttaHighCourt records report of police that 89 persons have been examined and their statements taken under Section 161, CrPC.

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#CalcuttaHighCourt records that call data is being collected to identify culprits; that data is also collected from printing shops to identify those who ordered for posters that were later posted at the High Court and around the residence of Justice Mantha.

#ContemptofCourt

#CalcuttaHighCourt notes Police submission that majority of miscreants in CCTB footage have covered their face with masks which made job of identification a bit difficult.

#ContemptofCourt

#CalcuttaHighCourt impleads six lawyers who were identified so far as alleged contemnors to the case.

Court grants time, as requested by police, to identify all printing presses were the posters were printed.

#ContemptofCourt

#CalcuttaHighCourt says it is not convinced with report of Police Commissioner. "Had investigation been more vigorous, by now the miscreants would have been identified."

However, we do not wish to foreclose prayer for more time to identify the culprits, Court adds.

#Contempt

Court also suggests that those lawyers who are seen in the CCTV footage may voluntarily come forward before the committee, "just to save the embarrassment" of court/ committee having to summon them.

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Justice Sivagnanam: See, everyone knows everyone, but when it comes to criminal proceedings, we will have to toe the line. This will cause a lot of embarrassment ...

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Justice Sivagnanam: We were very candid saying this is not a general issue. .. this is Judge centric. So therefore ...

Senior lawyer present in court points out that not everyone seen in the videos may have been involved in the protest.

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Counsel: In fact we are supporting the judge

Political issues are brought before Court, he adds, while referring to names submitted by another lawyer

The submission provokes another lawyer to cut across, both lawyers argue with each other

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#CalcuttaHighCourt: We have entrusted the Committee to identify... We are not ascribing any blame, that they have participated or not.. just to save embarrassment, those whose faces are there.. let them go tell that their faces are projected in the video.. let committee decide.

Judge: Mr Ghosh, you being the President of the Bar Association, you are primarily an advocate or not?

Lawyer: Yes

Court: And you are an officer of the court. You may be a poltiical but..

Lawyer: No, milord, I have fought the allegation without support of any political party..

Court:... this place, this temple of justice..

Lawyer: We are all aware of how this High Court is used for politics ...

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After order dictation, Justice Sivagnanam expresses concern that none of the government lawyers now seem to be appearing in Court number 13, and now Court 16 as well.

This is unacceptable, he says.

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Justice Sivagnanam: One more issue, which is bit disturbing for me personally. None of the government lawyers are appearing in Court 13.. this is very very very very bad.. This is happening in court 16.. Have you included court room 16 also?

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Justice Sivagnanam: This is very, very bad. Two things happened, the officers carrying files - they are not high rank officers.. half these fellows hold the files upside down.. as a result, the innocent will be affected..

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Justice Sivagnanam adds that if an "top-most person" has taken such a decision that government lawyers will not appear in court 13, the Court can be told so that it can pass an order and the party may engage another counsel.

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Justice Sivagnanam: Let us assume sir, if they do not appear and court takes an adverse view against the officer and that fellow was under the fond belief that some govt officer will represent him. Why that innocent fellow should suffer?

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If government counsel have decided not to appear, at least parties can engage their own counsel. We have a huge panel (state legal services panel), Court points out.

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Court says that someone has already raised a related issue.

Justice Sivagnanam: He has written a stinker to the CJ ... I gave a reply saying that statutory committee continues to exist..Inspite of that reply, a second stinker has come. it wont take long to give a befitting reply

If someone wants to close their eyes, let them close their eyes. Why say all these things - "majesty of court" etc. let us throw all these things to Hugli (if this is the state of affairs), Court remarks.

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It is not only the judges who hold the majesty of the Court. It is also the lawyers, by their erudition, their knowledge. It is the dignity of the court that holds it up in front of people, Court says.

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Court says if govt lawyers are not going to appear in Court 13, at least a circular should be issued of such decision

Lawyer: This decision has not be taken

Court: It has! This can happen in 13, it can happen in 16... this is unacceptable ... The ultimate sufferor is the state!

Justice Sivagnanam: Assume it's my court, and officer is not able to speak proper English (and I don't understand Hindi or Bengali).. I need to ... depend on what is the understanding in the official file.

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Justice Sivagnanam recalls another Judge faced similar issues, where he was transferred and not able to understand the vernacular language in which the case files were written. The Judge had to depend entirely on his co-Judge.

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Justice Sivagnanam: Whom are you afraid of?

Counsel: The panel milord.

It is a political decision, who is part of the panel. No lawyer will say he wants to appear, his name will be struck from the panel, lawyer adds.

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Justice Sivagnanam: See, it is by our presence, the panel gets its value.

Lawyer says he is just speaking of the reality.

Justice Sivagnanam: The presence of the lawyer, his caliber, gives credence to the panel. Not vice versa.

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Another lawyers says a name was removed from the panel list overnight over appearance in court 13

Judge: At least do something.. You do something. If you say none of them will appear and there is some directive.. or they themselves take a decision not to appear, issue a circular

Issue a circular to let all the DMs, the police know that they have to fend themselves in those courts, Court suggests.

Court: This will be indirectly obstructing the course of justice.

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Court: This will be indirectly obstructing the course of justice leading to another contempt of court proceedings. Never it has been like this.

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Justice Sivagnanam refers to newspaper reports on yesterday's early morning hearing at the #SupremeCourt (concerning the appointment of Justice #VictoriaGowri)

That is not new to my parent High Court (Madras HC), he remarks. Every appointment of AAG, AG is called into question

Justice Sivagnanam: ... But the moment everything is over, Judge is sworn in, the very same counsel will come and appear... and that the Judge does not have any bias, he has got no ill feelings.

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Lawyers says the persons controlling are political persons, adds that he is not part of any panel

Court (lighter vein): We will make you number 1 in the panel. We will constitute a separate panel for courtroom 13 and you will be Chief

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Justice Sivagnanam: Sir, young members of the Bar suffer ..(especially during COVID)... I've seen people virtually crying. They had some quasi govt panel etc... the money was not coming through, no filing ... Virtually they are on the streets.

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Justice Sivagnanam: This may not affect lawyers with 10-15 years standing, who has big set of solicitors briefing them, etc. But there is a dark side to it.. Probably they appear to be well-dressed, thats why we have got a black coat and gown

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Justice Sivagnanam:... who is crying inside, nobody knows. very difficult.

Counsel: Milord is absolutely right about that.. during in covid.. I had tried to help junior members of the Bar, they were in a pathetic condition.

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Justice Sivagnanam recalls that during COVID, remand was being done online. He recounts telling then #MadrasHC CJ AP Sahi that this would affect law practice in courts

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So Court allowed physical hearing if police was ready to present before courts, subject to covid parameters.

Justice Sivagnanam: That gave them (lawyers) a lot of relief

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Justice Sivagnanam: I will show you a list of lawyers who died during this period (COVID). Not by age. Age group between 35 to less than 50. Most of them, the doctors said, out of anguish.

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Court has adjourned hearing for the day. Matter to be heard next on March 15, 2023. Time extended for police to file their report, as requested.

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