Orissa High Court Drops Contempt Proceedings Against Two Persons Arrested From Acting CJ’s Courtroom For ‘Contemptuous’ Behaviour

While accepting the unconditional apologies tendered by the two contemnors, the Division Bench of Acting Chief Justice Dr. Justice Bidyut Ranjan Sarangi and Justice Murahari Sri Raman held:

“Considering the prayer of the contemnors and the submissions made by the learned Advocate General of Odisha and keeping in view the fact that the contemnors are regretting for their conduct, this Court accepts their unconditional apology and takes a lenient view to set them at liberty, without proceeding further in the contempt proceeding, so that they will get opportunity to amend their behavior and conduct.”

Background of the Case

On October 19, 2023, the Court was hearing a Public Interest Litigation (PIL) filed by one Pravat Kumar Padhi and other villagers, who challenged the construction of the Court of Civil Judge (Junior Division) at Konark on a piece of land allotted for the said purpose.

Before allotment of the said land, all the required procedures for demarcation, de-reservation and alienation of the land were followed and finally the land was allotted in favour of the Law Department, Government of Odisha for construction of the court building of Konark. After taking over the possession of the land, necessary steps were followed to start the construction work.

After the construction work started, the petitioners filed a writ petition challenging alienation process even though they did not raise any objection during the de-reservation and alienation proceedings. The petition was disposed of by the Court asking the concerned Tahasildar to consider the representation filed by the petitioners.

In compliance of the order of the Court, the Tahasildar heard the petitioners and rejected their representation. The petitioners challenged such rejection order on the ground that such order was not a reasoned one. Therefore, the Court ordered the Tahasildar to hear the representation again and to dispose of the same by a reasoned order.

During the pendency of the proceedings before the Tahasildar, the petitioners again filed a contempt petition showing non-compliance of the order of the Court. However, the same was disposed of as the order was complied by the Tahasildar.

Against such disposal, the petitioners preferred a special leave to appeal (SLP) before the Supreme Court, which was dismissed by the Apex Court earlier this month.

When the matter was finally posted on October 19, the petitioner-contemnor Pravat Padhi appeared and sought permission to change his lawyer. However, the Court informed him that as the Supreme Court has disposed of all the pending cases, there is nothing remained which is to be adjudicated upon by the High Court.

The above reply from the Bench enraged the contemnor and he started behaving ‘arrogantly’ to the Court. Further, he stated in an ‘unruly’ manner that unless he gets permission from his co-villagers, he cannot withdraw the writ petition and the same cannot be disposed of as well.

At this point of time, the Court asked the contemnor to go out of the Courtroom for some time and get necessary instruction from his co-villagers so that the matter can be disposed of in terms of the order of the Apex Court.

Accordingly, the contemnor went outside and after sometime, came back with a person namely, Duryadhan Sahu, who was not a party to the case. On being asked about his locus-standi, he arrogantly contended that he has helped in filing of the present case and is helping in pursuing the matter.

He instigated the contemnor not to withdraw the petition even if the matter has been dismissed by Apex Court. He ‘arrogantly’ and in a ‘ill-mannered’ fashion tried to justify his action in demeaning the decorum of the Court and expressed his views in derogatory words.

“Though this Court tried to dissuade him from showing such unruly behavior in the Courtroom, he went on passing derogatory remarks against the court. In any case, the conduct of the Petitioner No.1 along with Duryodhan Sahoo (who is a stranger to the case) is absolutely derogatory and deplorable and has caused obstruction in the course of administration of justice,” the Court had remarked.

Accordingly, the conduct of both the persons was held to be abuse of the process of the Court and contemptuous. The Court called upon the Advocate General of the State Mr. Ashok Kumar Parija to intervene in the matter but to no avail.

Accordingly, the Court had initiated a suo motu contempt proceeding under Article 215 of the Constitution of India read with Section 14 of the Contempt of Courts Act, 1971 and ordered Inspector-in-Charge of Lalbag Police Station to take the contemnors into custody immediately, which resulted in their arrest from the Courtroom itself.

On Monday, both the contemnors were produced before the Court by the Police Escort Team from the Circle Jail, Cuttack, Choudwar. Two prisoner’s petitions were also submitted before the Court on behalf of the contemnors by which they expressed regret for their conduct in the Court on the previous date.

Ashok Kumar Parija, Advocate General submitted that since the contemnors admitted their guilt and tendered apology, they may be set at liberty and they should be given a chance to ‘amend’ their conduct.

“Accordingly, the contempt proceeding is dropped and both the contemnors be set at liberty forthwith. However, we caution the contemnors to amend their conduct. Further, this Court directs the I.I.C, Konark Police Station to keep watch over the future conduct of the contemnors so as to maintain peace and tranquility in the locality,” the Court ordered.

Case Title: Registrar (Judicial), Orissa High Court, Cuttack v. Pravat Kumar Padhi & Anr.

Case No: Suo Motu CONTR No. 51 of 2023

Date of Order: October 30, 2023

Counsel for the Petitioner: Mr. A.K. Parija, Advocate General along with Mr. L. Samantaray, AGA

Counsel for the Contemnors: In Person