GUWAHATI, India, June 11 -- Gauhati High Court issued the following order on May 11:
1. Heard Mr. G. Baishya, learned Senior Counsel, who is also the Standing Counsel of the Gauhati High Court, assisted by Ms. D. Bora, learned counsel appearing on behalf of the Gauhati High Court. I have also heard Mr. D. Gogoi, learned counsel appearing on behalf of the contemnor.
2. The present contempt proceedings had been initiated Suo Moto, on the basis of the directions passed by this Court in the Judgment and Order dated 08.12.2023 passed in WP(C) No. 5728/2021.
3. The reason as to why the learned Co-ordinate Bench of this Court has observed that it was necessary for initiating a Suo Moto contempt proceeding against the contemnor can be seen from paragraph Nos. 36 & 37 of the Judgment and Order dated 08.12.2023. The said two paragraphs are reproduced herein below -
"36. Though both the writ petitions are disposed of with the present order, the aspect of the issue of violation of the order dated 02.11.2021 in WP(C)/ 5728/2021 by the then DFO, Dhemaji one Shri Rohini Kumar Das cannot be obliterated, more so, when the violation is apparent. This Court has further noted that in spite of a specific order passed by this Court on 07.03.2022 in WP(C)/1608/2022 directing the said incumbent to show cause as to why action under the Contempt of Courts Act should not be taken against him, till now no cause has been shown by the said incumbent. Though an affidavit has been filed by the said incumbent on 16.03.2022, the affidavit was only to tender an apology and no cause has been shown at all in response to the order of the Court. There is also no order passed by this Court accepting such apology. This Court has also noticed that the PCCF & HoFF was also directed to apprise the Court as to why consequential orders should not be passed against the erring respondents of the Forest Department. However, till now there is no response to the said directions contained in the order dated 07.03.2022
37. Accordingly, Registry is directed to register a separate suo moto contempt proceedings against Shri Rohini Kumar Das, the then DFO, Dhemaji and issue notice to him. Such notice is to be sent through the PCCF & HoFF, Assam, Aranya Bhawan, Panjabari, Guwahati-781037, Assam for onward transmission to the alleged contemnor. order The 07.03.2022 passed dated in WP(C)/1609/2022 is also required to be made part of the said contempt proceedings. The returnable date in the said notice may be given as 12.01.2024."
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqNu0ASqZ4DDQwFJ0HOZbMUE7caamIScrKEO1NnISUjP9&caseno=Cont.Cas(C)(Suo%20Moto)/2/2024&cCode=1&cino=GAHC010002762024&state_code=6&appFlag=)
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