'Extreme Measure': Calcutta High Court Refuses Contempt Action Against TMC MP Abhishek Banerjee For Alleged Derogatory Remarks Against Judiciary

The Calcutta High Court on Monday dismissed a petition seeking initiation of suo motu contempt proceedings against Trinamool Congress (TMC) MP Abhishek Banerjee for his purported derogatory remarks against the judiciary by opining that the remarks do not tantamount to a contumacious act justifying issuance of a suo motu rule of contempt.

On May 28, while addressing a public rally at the industrial township of Haldia in East Midnapore district of West Bengal, Banerjee had launched a scathing attack against a section of the judiciary in the backdrop of consecutive orders of CBI probe by the Calcutta High Court that have gone against the State government.

The plea alleged that the TMC MP had commented in an open forum that a fraction of the judiciary was acting in "cohorts" and ordering CBI investigations in every case and that it had been further remarked that the judges of the High Court are ordering stay of ongoing murder probes.

A Bench comprising Justice Sabyasachi Bhattacharyya and Justice Ajoy Kumar Mukherjee was further apprised by the petitioner that the TMC MP had intended to ridicule the judiciary thereby scandalising the Court. It was further contended that Banerjee has a public audience by virtue of his office and thus tried to malign the judiciary and undermine its dignity.

However, the Bench refused to initiate contempt proceedings against Banerjee by observing, 

"In the present case, undoubtedly the comments uttered by the person in question may not be palatable to the general public and/or the members of the Judiciary, however, such nature of the act need not have the effect tantamounting to a contumacious act, justifying issuance of a suo motu rule of contempt."

Opining further that issuance of a suo motu rule of contempt is an extreme measure and should be sparingly exercised, the Court underscored, 

"Power is always goes hand-in-hand with responsibility and restraint. Issuance of a suo motu rule of contempt is an extreme measure and is only taken when the authority of any court is scandalised or is tended to be scandalised. However, in the instant case, we do not find that the comments made by the person in question, in any manner, scandalise or tend to scandalize, or lower or tend to lower, the authority of any court."

It was also opined that the criteria stipulated in Section 13 of the Contempt of Courts Act, 1971 is not applicable in the instant case since the alleged contempt is not of such a nature that it substantially interferes, or tends substantially to interfere with the due course of justice.

"If stray comments by any citizen of India, be him or her a Member of Parliament or not, prompt the courts to issue suo motu rules of contempt, it would be impossible for the judiciary to discharge its adjudicatory functions in more important matters. Such an exercise might elevate the mere perception of individuals to the status of obstruction in the process of administration of justice itself", the Bench observed further. 

Accordingly, the Court dismissed the plea but cautioned that it is expected that public office bearers and people in posts/ranks of importance, having an influence on the public opinion of the country, should refrain from making any casual comment which lowers the prestige of the Judiciary.

Case Title: Susmita Saha Dutta v. Avishek Bandyopadhyay

Case Citation: 2022 LiveLaw (Cal) 218

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