| Free movement
Question 10: Were you personally present at the spot at that time when I was coming to Court and my security staff tried to talk to you whom you brushed away'
Ans.: My Lord, I cannot agree with this proposition, when we tried to stop the processionist they took out sword and showed to senior officer.
Q. 11.: You cannot accept even the Judges’ observation'
Ans.: Yes, My Lord, as you have seen yourself, I only tried to tell him to wait for couple of minute as the procession was about to end by that time. I tender my apology to My Lord.
Q. 12.: You have not personally approached the security staff'
Ans.: I do not recollect My Lord.
Q. 13.: If I say that you are a liar then what would be your reaction'
Ans.: My Lord I do not remember anything at present.
Q. 14.: Are you trying to confront with the Court' That way you are guilty of contempt of Court, do you know'
Ans.: I ask for forgiveness from this Court”.
It appears that they have admitted the wilful disobedience about detention of a Judge particularly when he was going to attend the Court of Law is a contentious cause but at the same time they expressed their inability to carry out duties of protecting the interest of the people. If the depositions are clearly read, the text will come out about the contemptuous cause and inability. The Registrar General, Registrar, Original Side, Registrar Administration, Deputy Sheriff were present before this Court pursuant to the direction and witnessed the witness action as well as the proceedings.
Mr Ashim Chatterjee, Learned Counsel appearing for the alleged contemnors contended before this Court that vehicular movement was stopped for the reason that there was every possibility of violation of law and order situation. However, his bare submission cannot override the depositions.
Under such circumstances, I have to direct and hereby the contemnors to file their respective affidavits by 9th February, 2004 when the matter will be again appear. However, since the matter has been judicially observed certain guidelines are given on the experimental basis to follow the same:
(a) The vehicular movement and access of the people who are inclined to work should be adequately protected by giving priority over any organized public meeting and procession.
(b) Public meetings can be held in three restricted areas i.e. Brigade Parade Ground, Rani Rash Mani Avenue and Saheed Miner (Maidan) and that too only from 8 PM in the night till 8 AM in the morning in the weekdays. However, this restriction will not be applicable in the case of Sundays and other holidays. A public notice can be issued to that extent.
(c) Procession, other than leading to the meetings as aforesaid, can only be allowed by the one side of the road without blocking the entire area of the road stopping traffic or public movement. The religious festive and cultural procession can also be allowed in such manner.
(d) In case people belonging to any religion or tribe who want to make procession with their traditional weapons, the police authorities will take adequate measures well in advance to protect the interest of the people as well as the procession to pass on with the help of other police departments i.e. the Rowdy Section etc. as well as RAF. There will not be total blockage of road.