The Court On Its Own Motion v. Shri Soumitra Biswas

11th July, (AK) W.P.C.R.C. 107 of 2022 in W.P.A 9705 of 2022 Nand Kishor Shaw and others Vs.

The State of West Bengal and others Mr. Kanishk Sinha ...for the petitioners.

Mr. Amal Kr. Sen Mr. Pantu Deb Roy ...for the alleged contemnor.

Learned counsel for the alleged contemnor contends that there was a communication gap between the alleged contemnor and his learned advocate in this court, due to the sad demise of the brother of the learned advocate. Such ground provides justification enough for holding that the alleged contemnor is not guilty of wilful and deliberate violation of the order of this court. Hence, since sufficient cause has been shown by the alleged contemnor on the Rule of Contempt issued earlier, the contempt issued suo-motu is dropped.

Accordingly, WPCRC 107 of 2022 is discharged. Further personal appearance of the alleged contemnor is dispensed with.

Learned counsel for the respondent files a composite affidavit-in-opposition to the Rule of Contempt as well as to the writ petition.

It is submitted that a minor error has crept in paragraph no.4 of the affidavit-in-opposition. Leave is granted to the respondent to file supplementary affidavit by July 14, 2022, rectifying such error.

Copies of the affidavit-in-opposition as well as the supplementary affidavit shall be served on the learned advocate for the petitioners by the end of this week. Reply, if any, shall be filed by the petitioners by July 22, 2022.

The writ petition shall next be enlisted on July 25, 2022 for hearing.

(Sabyasachi Bhattacharyya, J.)