Court relocation row: High Court issues notices to lawyers in contempt case

Guwahati, April 12: A division bench of Gauhati High Court today issued notices to two senior lawyers and another member of the bar association on the contempt cases filed against them by advocate general Devajit Saikia.

Two criminal contempt cases were filed by Saikia against Gauhati High Court Bar Association president KN Choudhury, senior advocate Anil Kumar Bhattacharyya and advocate Pallabi Talukdar for "making derogatory statements" during a protest over shifting of the High Court to North Guwahati.

After hearing both sides, the bench of Chief Justice Vijay Bishnoi and Justice N Unni Krishnan Nair had reserved its order on Tuesday.

"Looking to the overall facts and circumstances of the cases, we are of the view that it is a fit case where cognizance is required to be taken against the alleged contemnors," the bench said today.

The division bench said that right to protest is required to be respected and encouraged because it strengthens democracy and the bar association has the right to protest in relation to any issue which they perceive to be averse to their interest. However, such protest cannot be used as a platform to scandalize the courts which results into lowering the authority of the courts, it said.

On the plea by KN Choudhury that Justice Nair should recluse from the case as he had 'liked" a news item on social media regarding the contempt cases against senior lawyers, the bench said, "Even though it is liked by one of us, it cannot be a reason to recluse from the hearing the case as it hardly reflects any bias on the part of the judge. The apprehension raised by Mr Choudhury is imaginary."

The court also directed Youtube and Prag News to remove the videos containing the alleged statements made by the contemnors from their channels. The case has been listed for May 13.