SC stays contempt proceedings against Gauhati HC bar association president

The Supreme Court on Monday granted interim protection to K.N. Choudhary, President of the Gauhati High Court Bar Association, by staying the contempt proceedings initiated against him.

The contempt proceedings arose from allegations that senior advocates Anil Kumar Bhattacharyya and Pallavi Talukdar made derogatory remarks against a sitting Judge and the High Court during protests against the proposed relocation of the High Court premises to Rangmahal in North Guwahati. The Advocate General of Assam had filed the complaint leading to these proceedings.

A bench comprising Justices Vikram Nath and Sandeep Mehta ruled that while the High Court may proceed with contempt proceedings against Bhattacharyya and Talukdar, the proceedings against Choudhary shall remain suspended for the time being.

"Issue notice… Considering the facts and arguments advanced, as an interim measure, we direct that the High Court may proceed against Respondents 1 and 3, but the proceedings against the present petitioner [the Bar Association President] shall remain in abeyance," the Court ordered.

Senior Advocate Kapil Sibal, representing Choudhary, argued that his client was not present when the alleged remarks were made and submitted supporting material, including a video clip, before the High Court.

During the hearing, Justice Vikram Nath queried why there was opposition to the construction of the new High Court building. Initially, Sibal denied any opposition, but later conceded that while he may have opposed the move, mere opposition does not constitute contempt. He also clarified that no strike was organised over the relocation issue.

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Separately, a petition filed by the Bar Association itself, represented by Senior Advocate Shyam Divan, was dismissed as withdrawn. The Court made it clear that it would not entertain the association’s petition but would grant interim relief to Choudhary individually.

“What we propose to do, Mr. Sibal, is to dismiss the Bar Association’s petition. However, as far as the President is concerned, we will issue notice and allow contempt proceedings to continue only against the two advocates,” Justice Nath observed.

Solicitor General Tushar Mehta, appearing for the Advocate General of Assam, opposed interim relief, contending that the President bears responsibility for the conduct of Bar members. However, the Court noted that the Bar Association would be represented through its Secretary, not necessarily its President.

The underlying controversy began after Advocate Pallavi Talukdar allegedly made derogatory remarks against Justice Suman Shyam, a sitting Judge of the Gauhati High Court and Chairperson of the Court’s Building Committee and ICT Committee, during a media interview. Bhattacharyya also allegedly claimed to possess “positive evidence” that the Judge behaved “like a CID officer.”

Earlier, on April 3, the Gauhati High Court had issued a press release raising concerns over misinformation being spread regarding the relocation of the court and the alleged scandalous aspersions cast against constitutional functionaries. The release emphasized that such actions could erode public faith in the judiciary and compromise its independence.

The Gauhati High Court has reserved judgment in the contempt proceedings against Bhattacharyya and Talukdar.