38.6c New Delhi, India, Friday, October 03, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Calcutta High Court conducts late-evening hearing, orders release of lawyer arrested inside court [Read Order]

By Rintu Mariam      19 December, 2023 02:10 PM      0 Comments
Calcutta High Court conducts late evening hearing orders release of lawyer arrested inside court

After holding a late-evening hearing due to unprecedented events in Court, a division bench of the Calcutta High Court stayed an order which directed a lawyers arrest inside the court on charges of contempt of court. The order which directed the lawyers arrest was passed by Justice Abhijit Gangopadhyay. 


Taking clue from the celebrated observations of the Supreme Court as quoted above, and solely relying upon the statements made by the appellant in the said letter 4 narrating the events happened, we feel that it is a fit case where the interim protection is to be extended to the appellant being a Member of the Bar and of a legal profession. We, therefore, stay operation of the order dated 18th December 2023 by which the appellant has been directed to undergo a period of three days civil imprisonment until further order of this Court, a Division Bench of Justices Harish Tandon and Hiranmay Bhattacharya said. 


The Bench was prompted to hold the hearing at 8:30 pm, on Monday, after Advocate Prosenjit Mukherjee wrote a letter to the Court seeking relief against his arrest. His letter stated that he was directed to be taken into custody and undergo for three days civil imprisonment. The order was passed despite tendering repeated unconditional apology before the Court. 


Though later he was released, he told the division bench that he apprehends that the order may, if implemented, put him in custody again. Owing to these reasons, the Court stayed the Single judges order. 


The Bench, in its order, also highlighted the importance of judicial restraint and discipline for judges while discharging their functions. 


We are also not unmindful of the well settled proposition of law that the maintenance of purity of administration of justice so as to uphold the independence of the judiciary is a sole task of the Courts. The Court should also maintain a judicial restraint and discipline as necessary to the orderly administration of justice as they are all to be effectiveness of the army. The duty of restraint humility should be constant theme of our Judges. This quality in making a decision making process is as much necessary for the Judges to command, respect as to protect the independence of judiciary. (See Prakash Singh Teji vs. Northern India Goods Transport Co. (P) Ltd., reported in (2009) 12 SCC 577, para 16.


In the order, the Bench also observed how advocates should act without fear or favour, while protecting the interest of their clients. 


We are not unmindful of the fact that one of the foremost duty cast upon the lawyer is to uphold and protect the interest of his client fearlessly by all fair and honourable manner. Any inhibition in presenting the case of his client or to protect his interest before the Court of Law and Equity shall not bring the health judicial system nor such system see a growth or development so that the posterity may be benefited thereby. The lawyers assist the Court and bring the true and correct facts touching or concerning the issues, which is highly expected from such noble profession as suppression of material facts are viewed seriously by the Court. The reliance upon the order of Division Bench cannot be perceived a contumacious act nor would tarnish the majesty and sanctity of the Court


Earlier, the Calcutta High Court Bar Association had unanimously resolved and requested the Chief Justice of the High Court to withdraw all judicial work from Justice Gangopadhyay.

The letter which was addressed to Chief Justice TS Sivagnanam, the Bar Association said that it had passed a unanimous resolution in this regard "after the extreme insult meted out to advocate Prosenjit Mukherjee." The letter stated that no member would step into Justice Gangopadhyays court unless he "apologises".


"Justice Abhijit Gangopadhyay on 18.12.2023 in course of hearing of a matter, whereby His Lordship by holding Sri Prosenjit Mukherjee, the Ld. Advocate, guilty of Criminal Contempt and disrobed him in the open Court and sent him to Civil Prison in the custody of the Ld. Sheriff from the Court Room through the corridor of the High Court. The reason apparently is according to His Lordship the demurer of Sri Mukherjee while showing an order of the Hon'ble Division Bench, which modified His Lordship's order was improper and contemptuous. Even without any order Mr. Mukherjee, the Ld. Advocate was taken into custody from the Court Room without giving any opportunity of hearing.

 

[Read Order]



Share this article:



Leave a feedback about this
Related Posts
View All

Birbhum Massacre: NHRC Takes Suo Motu Cognisance, Directs State Gov To Submit Detailed Report Within 4 Weeks Birbhum Massacre: NHRC Takes Suo Motu Cognisance, Directs State Gov To Submit Detailed Report Within 4 Weeks

According to reports, Chief Minister Mamata Banerjee on Thursday met the families of the victims and announced Rs 2 lakh compensation for rebuilding the scorched homes. Promising jobs to ten families affected by the violence, Banerjee added that she would ensure "speedy justice".

Supreme Court Rejects West Bengal's Plea Against CBI Probe in Linked Municipality and Teachers' Recruitment Scam Supreme Court Rejects West Bengal's Plea Against CBI Probe in Linked Municipality and Teachers' Recruitment Scam

Supreme Court dismisses West Bengal's plea against CBI probe into municipality recruitment scam linked with teachers' recruitment irregularities. Abhishek Banerjee, TMC MP, faces setback as court refuses interference.

Calcutta High Court conducts late-evening hearing, orders release of lawyer arrested inside court [Read Order] Calcutta High Court conducts late-evening hearing, orders release of lawyer arrested inside court [Read Order]

After holding a late-evening hearing due to unprecedented events, a division bench of the Calcutta High Court stayed an order which directed a lawyers arrest inside the court on charges of contempt of court.

Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [Jan 1 - Jan 6] Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [Jan 1 - Jan 6]

A weekly round-up of the top stories from the Supreme Court of India and High Courts across the country summed up in a 3-minute read.

TRENDING NEWS


TOP STORIES

sc-allows-manufacturing-of-green-crackers-in-delhi-subject-to-no-sale
Trending Judiciary
SC allows manufacturing of green crackers in Delhi, subject to no sale

SC allows certified manufacturers to produce green crackers in Delhi, but bans their sale in NCR till further orders, balancing pollution and livelihoods.

27 September, 2025 01:23 AM
kerala-hc-directs-comprehensive-snakebite-prevention-guidelines-for-schools
Trending Judiciary
Kerala HC Directs Comprehensive Snakebite Prevention Guidelines For Schools [Read Order]

Kerala High Court directs comprehensive snakebite prevention and management guidelines for schools, ensuring safety, awareness, and emergency response.

30 September, 2025 08:46 PM
sc-orders-two-judicial-officers-to-go-for-seven-days-training-for-flawed-bail-order
Trending Judiciary
SC orders two judicial officers to go for seven days training for flawed bail order [Read Judgment]

Supreme Court quashes flawed bail order, directs two Delhi judges to undergo 7-day special training on judicial conduct and bail rulings.

30 September, 2025 09:58 PM
sc-seeks-reply-from-iit-delhi-kharagpur-on-plea-to-transfer-student-due-to-mental-health-condition
Trending Judiciary
SC seeks reply from IIT Delhi, Kharagpur on plea to transfer student due to mental health condition [Read Order]

SC seeks reply from IIT Delhi & Kharagpur on plea for transfer of B Arch student citing mental health needs, AIIMS proximity & Article 21 rights.

30 September, 2025 11:22 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email