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CONT.CAS.(CRL.) _______ /2015 in CS(OS) 4024 of 2014
(to be registered and numbered by the Registry)
IN RE: COURT ON ITS OWN MOTION
JUDGMENT
1. M/S OBSESSION NAAZ, FANCY MARKET, SHOP No. 38 (GROUND FLOOR), 25, KARL MARX SARANI, KHIDDERPORE, KOLKATA-700023.
2. M/S RENU BENU STORES, FANCY MARKET, SHOP NO. 29, KOLKATA-700023 and
3. M/S ALTS TRADING, FANCY MARKET, SHOP NO.30/33, KOLKATA-700023 Also at: 35/A/H/4, KABITIRTHA SARANI, WATGUNGE STREET,
4. M/S IMAXX MOBILE ZONE, FANCY MARKET, SHOP NO.46 (GROUND FLOOR) 2015:DHC:684
5. M/S TAHA TELECOM, 25, KARL MARX SARANI, SHOP NO.45
6. M/S ELITE ELECTRONICS, PARTNERS. MR. INTIKHAB, FANCY MARKET, SHOP NO.4 (GROUND FLOOR) 2, DENT MISSION ROAD,
7. M/S BIG BROTHER, FANCY PLAZA, SHOP NO.5 (SECOND FLOOR)
DENT MISSION ROAD,
8. M/S DANISH, TELECOM DB, FANCY PLAZA, SHOP NO.6 (GROUND FLOOR) 2, DENT MISSION ROAD, KHIDERPORE,
9. M/S NAAZ TELECOM FANCY PLAZA, SHOP NO.8 (GROUND FLOOR) 2, DENT MISSION ROAD, KHIDERPORE,
10. M/S ALFA INT., GREEN PLAZA MARKET, SHOP NO.10, 10A, 14,16,[7] and 45 ALSO AT: M.K. PLAZA, SHOP NO.G-7 AND G-8 83, MANSHATALA LANE,
11. M/S FLASHING TECH, M.K. PLAZA, 83A, MANSHATALA LANE (FIRST FLOOR) SHOP NO.F-4,
12. M/S FLASHING TECH, GREEN PLAZA MARKET, SECOND FLOOR SHOP NO.S-4,S-5 AND 2-F, 25, KARL MARX SARANI, SHOP NO.45
13. M/S SUPER TRADERS, M.K.PLAZA (FIRST FLOOR) 83, MANSHATALA LANE, SHOP NO.F-2
14. M/S AMIR TELECOM, I-PLAZA, SHOP NO.15 (FIRST FLOOR) 82B, MANSHATALA LANE,
15. M/S MASTER TRADING CORPORATION, I-PLAZA MARKET, SHOP NO.32 (FIRST FLOOR) ALSO AT: I-PLAZA MARKET, SHOP NO.17 (GROUND FLOOR)
ALSO AT
16. M/S IMPRESS, I-PLAZA MARKET, SHOP NO.3 (GROUND FLOOR) KOLKATA-700023..... Respondents CORAM: JUSTICE S. MURALIDHAR O R D E R % 22.01.2015
1. A mention has been made by Mr. Shravan Sahary, a young Advocate who was one of the 13 Local Commissioners (LCs) appointed by this Court by an order dated 23rd December 2014 in CS(OS) No. 4024 of 2014.
2. Mr. Sahary states that on 13th January 2015 at around 1.30 p.m when he had gone as LC outside the shop of Defendant No. 13, i.e., M/s Obsession Naaz, Shop No. 38 (Ground Floor), 25, Karl Marx Sarani, Khidderpore, Kolkata-700023 to perform the tasks assigned to him by the Court in the aforementioned order, he was attacked by a large unruly mob that had gathered there. His front two teeth were totally broken, and he was severely injured around his right eye and left cheek. He further points out that one another LC, Mr. Ankur Mittal, who had gone to Shop No. 39 in the same area, was also badly beaten up. The other LCs appointed by the Court by the order dated 23rd December 2014 were also attacked and had to flee the place. Fortunately, they escaped injury. As a result, none of the LCs could carry out the order passed by the court.
3. Mr. Sahary also handed over to the Court some of the photographs which show the injuries caused to him. The Court notices that Mr. Sahary’s right eye and left cheek even today bear the injury marks. The photos also show the presence of a large mob. It does not appear that any police assistance was made available. The photographs are taken on record and will be kept in the file in a sealed cover.
4. This is an extremely serious matter. The LCs appointed by the Court by its order dated 23rd December 2014 were Advocates who were prevented from performing their duties as Officers of the Court. The attack on them appears prima facie to be pre-meditated and constitutes a brazen interference with and obstruction of the administration of justice.
5. The Court accordingly issues suo motu notice of contempt to the Defendants in the C.S. (OS) No. 4024 of 2014 returnable for the next date.
6. Notice be also issued to the Commissioner of Police (‘CP’), Kolkata through the Resident Commissioner, West Bengal Bhawan, 2, Circular Road, New Delhi. The Registrar General will communicate this order to the CP, Kolkata telephonically forthwith.
7. In addition, notice be also issued to Mr. Ravindra Nath Sarkar, Deputy Commissioner of Police (Enforcement), Watgunj Police Station, Kolkata. He will by the next date file an affidavit explaining the circumstances under which the unfortunate incident took place and what remedial action has been taken. He will also explain, if any, police assistance was sought by and rendered to the LCs.
8. Apart from the contemnors being permitted to file their respective affidavits, each of the LCs appointed by this Court by the order dated 23rd December 2014 will also file their individual affidavits explaining what transpired on 13th January 2015 when they sought to carry out the directions of the Court.
9. The Court directs that the matter be registered and listed as CCP (Crl.) and to be placed before the Division Bench on 9th February 2015, subject to the orders of the Hon’ble the Chief Justice.
S. MURALIDHAR, J