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Atanu Chattopadhyay Vs. Debangsu Basak and Ors. - (High Court of Calcutta) (04 Jan 2018)

Every matter is important and equal treatment is the backdrop of the Constitution



In instant case, the Petitioner consistently harps upon denial of access to justice and injustice perpetrated upon him in not acceding to his prayer either listing as per his desire before the particular Judge and refusal to release the matter as he has inculcated a sense of bias against a particular Judge. Petitioner alleged that, because of the inaction on the part of the Respondents, the Petitioner has been denied justice and the Ministry of Law and Justice must take care and responsibility before nominating the advocates as the Hon'ble Judges of the Court, who are not fit for such posts. Issue involved in present is whether any cause of action is pleaded leading to denial of access to justice and such allegations and/or aspersions have any legal or factual basis.

It is not open to any person to make scandalous, disparaging and intemperate remarks directly on the Judges or their judicial act with intent to undermine the majesty of the Court and inculcate any adverse notion against the judicial system of the country to gain publicity. It is one thing to say that the criticism against the conduct, act and the orders of the Judges in dignified and healthy manner but it is totally different when the language and the expressions impair and hamper the administration of justice.

The impartiality, fairness and transparency lies in course of the judicial dispensation and if the learned Judge, the Respondent No. 2 herein does not find any urgency in the matter to give precedence to the Petitioner's application over the other matter, it cannot be taken as an act infringing any right of the Petitioner. The Judges in the country dealing with large cases and every citizen in the country has equal right to have its matter taken by the Court. Giving precedence to one matter as the Petitioner is appearing in person shall overreach the rights of the other person. There cannot be any discrimination between the right of each individuals guaranteed under the law. Every matter is important and equal treatment is the backdrop of the Constitution. The entire allegation is unfounded, unsubstantiated, far to speak of any truth in it. The Court should not permit any litigant to initiate a proceeding on disparaging, scurrilous and intemperate remarks against the Judges and such person should be dealt with seriously.

Though present Court feels that, immediate action is warranted against the Petitioner for such scurrilous remark made against the Judges, yet considering his lack of understanding of the law and the functioning of the judicial system, this Court does not intend to initiate a contempt proceeding against the Petitioner but must make a remark that he should be vigilant, cautious and careful in initiating proceeding of such nature in future. Though imposition of costs is inevitable, yet bearing in mind the submission advanced by the Petitioner that, he is homeless and have no substantial income, this Court does not impose cost for this frivolous litigation. The Writ Petition is dismissed.


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