CIVIL APPEAL 2997 on 17 March 2010

62 12.05.2023NB Ct. 39

CPAN 193 of 2023

In WPA 4087 of 2013

Mr. Soumen Kr. Dutta,Mr. Sabyasachi Bhattacharyya. …for the petitioners.

Mr. Susovan Sengupta,

Mr. Manas Kumar Sadhu.

…for the State respondents.

Learned counsel appearing on behalf of the petitionerssubmits as follows. On 10.11.2022, this Court was pleased todispose of WPA 4087 of 2013, inter alia, with the followingdirection. - “ 16. Therefore, I direct the respondents to initiate andconclude the de-requisition proceedings in terms ofthe letter dated 16.05,2002 and quite in keeping withthe order dated 17.03.2010 passed by this Court inWP No.2997(W) of 2009 within two months from thedate of communication of this order.”

This order was passed in the presence of the learnedcounsel for the State. A copy of the order was communicated tothe alleged contemnor by a letter dated 21.11.2022, the deliveryfor which by post was thereafter, confirmed. The respondentshave not preferred any appeal against the said order. Still theychose to deliberately violate the same by not concluding the de-requisition proceeding within two weeks from the date ofcommunication of the order. However, it may be pertinent to mention that an enquiry was done in this regard about fourmonths ago.

It appears that the order dated 10.11.2022 passed bythis Court directing the respondent authorities to conclude thede-requisition proceeding within two months from the date ofcommunication of the order has not been complied with.

Thus, a prima facie case is made out for issuance ofnotice of contempt.

Let the petitioner communicate a gist of this order andserve a copy of the contempt application on the allegedcontemnors by speed post with acknowledgement due, within aweek and file an affidavit of service to that effect on the nextdate.

List this matter for hearing under the same heading‘Application’ on 21[st] June, 2023.

Urgent photostat certified copy of the said order may besupplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)