New Delhi: Bar Association of Calcutta High Court approached the Supreme Court challenging its high court order of dismissing a contempt case against three CPI-M
leaders for making derogatory remarks against the judiciary at a public rally.
The high court had on March 26 discharged the contempt rule against Biman Bose, Benoy Konar and Shyamal Chakraborty saying proper procedure was not followed while filing the case.
The court had said that the newspapers, where reports were cited in favour of the case, were not made party to the case. Challenging the order, the advocates` body pleaded
before the apex court that non-issuance of contempt rules to newspapers renders the proceeding defective.
"The high court erroneously concluded that these defects were beyond rectification," the bar association contended, adding that "the court erred in observing that non-issuance of contempt rules to some of the alleged contemnors (media persons) renders the contempt rules defective."
A bench headed by Justice R V Raveendran, after hearing its contentions, admitted the petition. The Bar Association and the Bar Library Club had moved the High Court on November 24, 2009, praying for suo motu contempt against the three CPI-M leaders for making derogatory remarks against the judiciary at a public rally in the city for observing on November 16, 2007 that the police firing in Nandigram (on March 14, 2007), in which 14 people were killed, was unconstitutional and also for its ordering a CBI probe.
The next day, the three CPI-M leaders attacked the judiciary accusing it of bias for ordering the state government to pay compensation to the victims of the police firing in Nandigram. The high court issued a suo motu contempt notice to the three leaders on November 27, 2007 after being moved by the Bar Association and the Bar Library Club.