The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 10-Oct-2023 19:42:06 IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.5102 of 2022 Maa Saral WSHG and another …. Petitioners Mr. Biplaba P.B. Bahali, Advocate -versus- Jugal Kishore Das, IIC, Tirtol and another …. Opp. Parties Mr. Swaymbhu Mishra, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA Order No. ORDER 09.10.2023 4. 1. This matter is taken up through Hybrid mode. 2. Petitioners in this Contempt Petition, allege non- compliance of interim order dated 29th July, 2021 passed by this
Legal Reasoning
Court in IA No.6823 of 2020 arising out of W.P.(C) No.21798 of 2019. 3. Vide order dated 29th July, 2021 in IA No.6823 of 2020, this Court passed the following order:- “xx xx xx 2. Having heard learned counsel for the parties, the I.I.C., Tritol P.S. is directed to give sufficient police protection to the petitioners for cleaning the pond for proper pisciculture as they are in possession of the pond and has rear fish by protection of the interim order passed by this Court. 3.
Decision
Accordingly, the I.A. is disposed of. xx xx xx” Page 1 of 7 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 10-Oct-2023 19:42:06 // 2 // 4. Mr. Bahali, learned counsel for the Petitioners submits that on 3rd August, 2021, Petitioners made a representation to Opposite Party No.2 along with a copy of the interim order dated 29th July, 2021 passed by this Court to provide Police protection for cleaning of the pond for proper pisciculture. On the same day, a copy of the said representation was also submitted by hand along with a copy of the interim order dated 29th July, 2021, which was duly acknowledged by the Tirtol PS (Annexure-2 series). Another representation dated 23rd August, 2021 was submitted requesting the IIC, Tirtol PS to fix a date for providing Police personnel so that Petitioners can arrange labourers for cleaning of the pond. Further representation was submitted on 4th June, 2022 (Annexure-3) stating that due to non-compliance of the interim order passed by this Court, the pond dried up and the pisciculture has already been damaged and filthy smell was coming out of the pond. Said representation was sent by registered post with AD. However, no action was taken by the IIC, Tirtol PS. Hence, this Contempt Petition has been filed. 5. The matter was taken up on 12th December, 2022 and following order was passed. “1. Even though Mr. B.P.B. Bahali, learned counsel for Petitioners alleges that there is no working out of the direction of this Court dated 29.07.2021 by the IIC, Tirtol-Opposite Party Contemnors, however, Mr. Panda, learned counsel for the Opposite Party-Contemnors submitted that after receipt of the order of this Court there was an attempt to provide necessary Police protection and finding that the Police deployed are not able to manage the law and order situation on that day, in an Page 2 of 7 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 10-Oct-2023 19:42:06 // 3 // attempt to provide more force the Petitioners were requested to come on next date to have their work. It is alleged that despite such effort the Petitioners did not turn. 2. Let Mr. Panda, learned counsel for the Opposite Party- Contemnors file an affidavit in that regard. 3. Mr. Bahali, learned counsel for Petitioners wants disposal of this matter only on oral submission made by Mr. Panda, learned counsel for the Opposite Party-Contemnors. This Court finds difficulty in proceeding with the file as there cannot be effective adjudication of the matter without affidavit. Mr. Bahali, learned counsel for Petitioners is not satisfied with the observation of this Court. For Mr. B.P.B. Bahali resisting deferment of the matter and insisting disposal of the contempt by avoiding the counter at this stage of the matter, this Court declines to hear Mr. B.P.B. Bahali, learned counsel for the Petitioners. 4. Registry is directed to place this matter before some other Bench, but after obtaining necessary instruction from Hon’ble the Chief Justice.” In view of the order, as quoted above, the matter is placed before this Court on being assigned by the Hon’ble Chief Justice vide His kind minutes at Flag-M. 6. The Contempt Petition was then listed on 8th September, 2023 before this Bench when the IIC, Tirtol PS was directed to file affidavit by 27th September, 2023. Again, the matter was listed on 5th October, 2023 on which date, this Court expressing its displeasure for non-compliance of the order dated 8th September, 2023, directed personal appearance of IIC, Tirtol PS. Page 3 of 7 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 10-Oct-2023 19:42:06 // 4 // 6.1 Pursuant to the direction of this Court dated 5th October, 2023, Sri Abhimanyu Nayak, IIC, Tirtol PS is present in person and files an affidavit dated 6th October, 2023, which is taken on record. Copy of the said affidavit is served on Mr. Bahali, learned counsel for the Petitioners. 7. On being asked, Mr. Bahali, learned counsel for the Petitioners refused to respond to this affidavit by filing objection to the same in writing. He, however, made oral objection stating that the interim order passed by this Court on 29th July, 2021 was communicated to the IIC, Tirtol PS, which is apparent from the acknowledgement dated 3rd August, 2021 annexed to the Contempt Petition as Annexure-2 series. 8. This Court perused the representation dated 3rd August, 2021, which discloses that the order of this Court was enclosed to the said representation and submitted to the IIC, Tirtol PS. However, no request was made therein to deploy Police personnel for cleaning of the Pond. It further appears that vide representation dated 23rd August, 2021, Petitioners requested the IIC, Tirtol PS to fix a date for deployment of Police personnel so that labourers can be arranged for undertaking the cleaning of the Pond. At this stage, it is profitable to refer paragraphs-8, 9 and 10 of the affidavit dated 6th October, 2023 filed by the IIC, Tirtol PS today in Court, which read thus:- “8. That it is humbly submitted that this Hon’ble Court in W.P.(C) No.21798 of 2019 vide order dtd.29.07.2021 directed the Opp. parties to give sufficient police protection to the petitioner for cleaning of the ponds for proper pisci-culture as they are in possession of the pond. Consequent upon the above order the Page 4 of 7 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 10-Oct-2023 19:42:06 // 5 // petitioner being the President of the Self-Help Group requested vide letter dtd.04.06.2022 to the then IIC, Tirtol P.S to do the needful pursuant to direction of this Hon’ble Court. But however, the same letter was submitted by the petitioner without certified copy of the order for which, the then IIC, vide letter no.2497 dtd.17.06.2022 requested the petitioner for submission of the order of this Hon’ble Court for necessary compliance. But neither the petitioner turned up nor submitted certified copy of the order of this Hon’ble Court but however a Xerox copy of the order was sent through post. 9. That upon receipt of the order, the then IIC, instructed one of the officers of the said station to take steps and look into the matter for compliance of the order of this Hon’ble Court and accordingly the officer proceeded to the spot and contacted the petitioner for discussion regarding time and date for cleaning of the pond so that the numbers of forces can be utilized in the scheduled date on time as would be fixed. But however, since thereafter the petitioner did not turn up and co-operate to proceed further, for which the same could not be done. 10. That it is further humbly submitted that there is a law-and- order situation always arises because of mass agitation (sic) involving a number of other self-help groups. But however, since the petitioner did not co- operate to fix the date and time when they are going to clean the pond no further steps could be taken to provide necessary protection.” From the above, it appears that vide Letter No.2497 dated 17th June, 2022, IIC, Tirtol PS requested the Petitioners for submission of the order of this Court for necessary compliance, but neither the Petitioners turned up nor submitted certified copy of the order of this Court. However, photocopy of the said order was sent through post. It also appears that the then IIC, Tirtol PS instructed one of the Officers (not named) of the said Page 5 of 7 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 10-Oct-2023 19:42:06 // 6 // PS to take steps for compliance of orders of this Court and accordingly, the said Officer proceeded to the spot and contacted the Petitioners for a discussion regarding time and date for cleaning of the Pond so that number of forces required can be determined and deployed. But the Petitioners did not turn up to cooperate with IIC, Tirtol PS. It is further stated in the affidavit that there was always possibility of law-and-order situation because of mass agitation involving numbers of Self- Help Groups. But due to non-cooperation of the Petitioners, further steps could not be taken for deployment of Police personnel as directed by this Court. 9. Mr. Bahali, learned counsel for the Petitioners refused to respond to the affidavit filed today by filing objection. However, he made oral submission to the effect that no such intimation was ever given to the Petitioners nor the Petitioners were ever asked by the IIC, Tirto PS to fix another date and cooperate with him. As no material on record is available except the oral submission of Mr. Bahali, learned counsel for the Petitioners, without any supporting documents, this Court is not in a position to ascertain as to whether any contempt of Court is made out or not. 10. Fact remains, the interim order has been communicated to the IIC, Tirtol PS and as available on record, the Petitioners were intimated to give a date so that sufficient Police force could be deployed for protection during cleaning of the Pond. There is no material on record to the contrary to disbelieve such statement made in the affidavit filed by the IIC, Tirtol PS. Thus, Page 6 of 7 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 10-Oct-2023 19:42:06 // 7 // this Court is constrained to hold that it cannot proceed with the contempt proceeding further. 11. Before parting with the order, this Court expresses its displeasure for non-compliance of order dated 12th December, 2022 within the reasonable period. However, circumstances explained at paragrpahs-5 and 6 of the affidavit and un- conditional apology as prayed for by the IIC, Tirtol PS at para- 12 of the affidavit, this Court drops the contempt proceeding. 12. Personal appearance of Mr. Abhimanyu Nayak, IIC, Tirtol PS is dispensed with. 13. As requested, a copy of the order shall be made available to Mr. Mishra, learned ASC to do the needful. Issue urgent certified copy of the order on proper application. (K.R. Mohapatra) Judge s.s.satapathy Page 7 of 7