Mob Pressure Cannot Override Judicial Duty | Calcutta High Court Finds Advocates Guilty of Contempt for Courtroom Disruption but Grants Opportunity for Reform
Isabella Mariam
The High Court at Calcutta Division Bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi held that seven individuals, including practicing advocates and a law clerk, were guilty of committing contempt of court for disrupting judicial proceedings in the courtroom of the Additional District & Sessions Judge, Fast Track Court-II, Bongaon, North 24 Parganas. The Court disposed of the contempt proceedings without imposing punishment or fine, noting the absence of prior misconduct and extending an opportunity for reformation, while expressly cautioning that any future contempt would factor in the present conduct.
The contempt proceedings arose from a reference made by the Additional District & Sessions Judge, Fast Track Court-II, Bongaon, North 24 Parganas, through a judicial order dated April 5, 2024, and subsequently transmitted on April 9, 2024, under Rule 2(1)(c) of the Calcutta High Court Contempt of Courts Rules, 1975 read with Section 15(2) of the Contempt of Courts Act, 1971.
The incident concerned MAT Suit No. 285 of 2023, fixed for ex parte hearing. The presiding judge recorded that while taking evidence of the petitioner and his witness, a group of lawyers and clerks, including the named contemnors, entered the courtroom and interrupted the proceedings. Despite the absence of a Vakalatnama authorizing representation for the respondent, Advocate Sri Narottam Ghosh entered the courtroom, demanded adjournment, and upon refusal, allegedly created a scene. He later returned with a group of nearly 40 individuals, including other lawyers and clerks.
The judge noted that the group, which included Sri Krishna Ghosh, Sri Supriyo Banerjee, Sri Tapas Biswas, Sri Biswajit Biswas @ Hans Biswas, and law clerk Sri Manoj Saha, shouted, used abusive language, attempted to coerce the court to act per their instructions, and physically disrupted proceedings. It was recorded that Sri Biswajit Biswas allegedly tore an affidavit filed in the case and was suspected to be in an inebriated condition. The mob reportedly attempted to damage courtroom furniture and forcibly evicted court staff before locking the courtroom from outside. The presiding officer stated that he suffered health complications as a result and was admitted to a hospital the same day.
Following this, the learned judge made a formal reference to the High Court to initiate contempt proceedings against the individuals involved, naming five advocates, the Secretary of the Bongaon Bar Association (Samir Das), and one law clerk.
A contempt rule was issued by the High Court on July 15, 2024, and served upon all named individuals, who appeared through counsel. On September 3, 2024, the contemnors filed affidavits. The High Court also took note of a resolution of the Bongaon Bar Association proposing disciplinary action, and reports were called from the District Judge and High Court administration regarding both the courtroom incident and unauthorized construction on court premises.
On November 25, 2024, the Court recorded the disciplinary committee of the Bar Council of West Bengal had suspended Advocate Biswajit Biswas for six months. Reports confirming the removal of encroachments on Bongaon Court premises, including land earmarked for a crèche under the POCSO Act, were also submitted.
In affidavits filed, the contemnors admitted that the incident was unfortunate and sought to explain it as a moment of emotional outburst. They claimed no intent to interfere with judicial proceedings, tendered unconditional apologies, and expressed remorse. Specific denials were made about some of the more serious allegations, such as the tearing of court records and intoxication, though apologies were not withdrawn.
The Division Bench stated, “The charges of misbehaviour inside the Court premises on April 5, 2024 as narrated in the judicial order of the Additional District & Sessions Judge, Fast Track Court II, Bongaon, North-24 Parganas in MAT 285 of 2023 as against the contemnors stands established.”
The Court noted, “Contemnors acknowledged the occurrence of the incidents as narrated in the order dated April 15, 2024. They however sought to explain the same as emotional outburst. Tearing of the Court record was denied although acknowledging the possibility of shouting for destruction of records. They however tendered unconditional apology.”
The Bench recorded, “Mr. Biswajit Biswas, Advocate suffered a sentence of suspension of licence to practice passed by the West Bengal State Bar Council for a period of 6 months with regard to the same incident. Advocates of the Bar Association removed the unauthorised construction.”
Regarding future implications, the Court stated, “We are inclined to afford an opportunity to the contemnors to reform themselves. At the same time, we put the contemnors upon notice that in the event, they or any of them are found guilty of Contempt of Court in any subsequent proceeding, this conduct of theirs will be taken into account for the purpose of consideration of the quantum of punishment and fine, amongst the others, to be imposed in such proceeding.”
It further directed, “High Court administration shall draw the attention of the Court in seisin of any fresh contempt proceedings against the contemnors or any of them, of this judgment and order to the Court in seisin of the subsequent proceeding.”
The Court concluded, “It would be appropriate to hold the contemnors guilty of Contempt of Court. We, however, refrain ourselves from either imposing any punishment or fine upon any of the contemnors for the incident occurring in the Court of the learned Additional District & Sessions Judge, Fast Track Court, Bongaon, North-24 Parganas as recorded in the judicial order dated April 5, 2024 passed in MAT 285 of 2023 passed by such Court, as there are no antecedents as against the contemnors.”
It added, “We are inclined to afford an opportunity to the contemnors to reform themselves.”
The Court issued a cautionary note, “We put the contemnors upon notice that in the event, they or any of them are found guilty of Contempt of Court in any subsequent proceeding, this conduct of theirs will be taken into account.”
It was further directed, “High Court administration shall draw the attention of the Court in seisin of any fresh contempt proceedings against the contemnors or any of them, of this judgment and order.”
The application was disposed of with the judgment dated June 19, 2025.
Advocates Representing the Parties
For the Contemnors: Mr. Bikash Ranjan Bhattacharyya, Learned Senior Advocate; Mr. Susnigdho Bhattacharyya, Advocate; Mrs. Santa Chakraborty Bhattacharyya, Advocate
For the Registrar General: Mr. Saikat Banerjee, Learned Senior Advocate; Mr. Shirsho Banerjee, Advocate
For the State: Mr. Tapan Kumar Mukherjee, Learned Senior Advocate; Ms. Ashmita Chakraborty, Advocate
Case Title : The Court in its own motion v. Samir Das, Ld. Advocate & Ors.
Case Number: CRLCP 20 of 2024
Bench: Justice Debangsu Basak and Justice Md. Shabbar Rashidi
[Read/Download order]
