Supreme Court: In a Special Leave Petition filed against the order of the Calcutta High Court, which had initiated suo motu criminal contempt proceedings against police officials allegedly involved in the 2019 Howrah District Court assault on lawyers, the division bench of Ujjal Bhuyan and Manmohan, JJ. stayed the High Court’s order.
The 2019 Howrah District Court assault case involved a violent clash on 24-04-2019, between lawyers and police personnel following a parking dispute at the Howrah Municipal Corporation premises. The conflict escalated when police allegedly used excessive force, including lathi charges and tear gas, injuring several lawyers. The Calcutta High Court took suo motu cognizance of the incident, forming an inquiry committee and expressing concern over the sanctity of court premises. The National Human Rights Commission also intervened, seeking a report from the West Bengal DGP. The incident led to statewide protests by lawyers.
The issue before the bench was whether the High Court could, after a delay of five years, initiate suo motu contempt proceedings under Section 15 of the Contempt of Courts Act, 1971. The Calcutta High Court had observed that the limitation period of one year prescribed under Section 20 of the Act would not apply in the present case, as the proceedings were being initiated suo motu. According to the High Court, the bar under Section 20 was only applicable in cases where contempt proceedings were initiated based on a petition or information provided by a third party.
The Supreme Court agreed to examine the matter and issued notice on the plea. The matter was scheduled to be taken up next on 29-07-2025.
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