'Chief Justice Could Not Have Initiated Suo Moto Contempt Case In Administrative Capacity': TMC Leader Kunal Ghosh Tells Calcutta High Court

A three-judge bench of the Calcutta High Court comprising Justices Arijit Banerjee, Sabyasachi Bhattacharya and Rajarshi Bharawaj on Monday took up an ongoing suo moto contempt matter pertaining to an alleged commotion created on court premises by TMC leader Kunal Ghosh and others.

The matter was taken up by the Chief Justice, who had constituted the three-judge bench to look into the issue. On the last date, the bench had issued rule against Ghosh and the other alleged contemnors.

At the present hearing, Senior Advocate Kalyan Bandopadhya,y appearing for Ghosh submitted that while he was tendering his unconditional apology for the events that unfolded, this bench did not have any jurisdiction to issue a contempt rule.

It was submitted that according the the Calcutta High Court (Contempt of Court) Rules, a contempt matter can either be filed with the consent of the advocate general or be taken up suo moto through a judicial order.

Bandopahdyay submitted that the order of the Chief Justice forming the three-judge bench to take up the matter did not constitute a judicial order, and that it was mere an administrative order, which could not have led to the initiation of suo moto contempt proceedings.

It was further argued that, according to the law on contempt, the matter would have to be taken up on the judicial side, and rule would have to be issued before it was assigned to another bench, who would then decide on the rule.

Bandopadhyay argued that in this case, the matter had been assigned before the issuance of rule, and thus the assigned bench did not have any power to issue the rule of contempt in this case.

Accordingly, in recording his submissions, the court accedded to the prayer to dispense with the personal appearance of the alleged contemnors, and adjourned the matter to a later date.