Orissa HC Issues Contempt Notice To President Of Tangi Bar Association Accused Of Threatening Judicial Magistrate
The Orissa High Court has issued contempt notice to the President of Tangi Bar Association, Nakul Kumar Nayak, for allegedly threatening a Judicial Magistrate posted at Tangi.
The bench of Justice S. Talapatra and Justice S.K. Panigrahi observed that sufficient materials were on record to take cognizance of criminal contempt committed by the President of Tangi Bar Association.
"His conduct has not only scandalized the Judicial Magistrate but also interfered with the due course of the judicial proceeding. Further, he has tended to obstruct the process of administration of justice", the bench noted while issuing the notice.
Judicial Magistrate First Class Siona Siddharth Moharana had written a letter narrating in detail the conduct of the alleged contemnor.
As per the letter, the alleged contemnor had physically obstructed her way outside the Court building when the Judicial Magistrate was proceeding towards her residence. It was further stated that he was accompanied by some non-practitioner advocates of Tangi Bar Association and some outsiders comprising of total 60 to 70 people in the Court premises.
They had allegedly stopped her and threatened her by saying how she dared to reject the bail petition. As per the letter she had stated to them that she had given those reasons in her order rejecting the bail prayer of the accused for whom the alleged contemnor was appearing.
It was further stated that he and his companions did not relent and continued to misbehave with her in a threatening voice by calling her experience in question that she was a new entrant and he was a seasoned professional.
She further stated that on earlier occasions, that person had time and again threatened her and that he had the propensity to call for boycotting of the court whenever any order had gone against his interest.
"We are taken aback how a responsible office-bearer of the Bar Association could behave in the manner with a Judicial Magistrate, who was discharging her judicial duties.", the Court observed.
The Court took cognizance under Section-15(2) of the Contempt of Courts Act, 1971.
"Issue notice asking the Opp. Party as to why the charge for committing criminal contempt shall not be framed against him or why he shall not be prosecuted or tried for the said criminal contempt or why such other order/orders as deemed fit in the interest of justice shall not be passed.", the Court directed.
Cause Title- Registrar (Judicial), Orissa High Court v. Nakul Kumar Nayak, President, Lawyers Bars Association, Tangi