LEGAL PROCESS OUTSOURCINGraconlpo.weebly.com/uploads/9/5/5/4/9554903/sample_h.pdf · 2018. 9....

LEGAL PROCESS OUTSOURCING

Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371

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DISTRICT: COOCH BEHAR

IN THE HIGH COURT AT CALCUTTA

SPECIAL CIVIL JURISDICTION

APPELLATE SIDE

C.P.A.N. No. of 2012

C.R. No. 8849 (W) of 1994

IN THE MATTER OF:

An application under the

Contempt of Courts Act 1971;

And

IN THE MATTER OF:

Deliberate and willful

disobedience to and/or

contumacious violation of the

judgment and order dated

7/6/2011 passed by the Hon’ble

Justice Aniruddha Bose in C.R.

No. 8849 (W) of 1994 (Central

Council of Bio Chemic and



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Complex Homeo Medicine with

Research in India & others

versus Union of India and others)

whereby the Secretary (Health)

Ministry of Health and Family

Welfare, Government of India was

directed to take a fresh decision

after furnishing a copy of the

report and giving an opportunity

of hearing to the petitioner;

And

IN THE MATTER OF:

1. The Central Council of Bio-

Chemic & Complex Homeo

Medicine with Research in

India, a registered Society

under the Registration Act,

1961 having its office at

Ghughumari, Post Office -



3

Ghughumari, Dist. Cooch

Behar;

2. The Secretary, the Central

Council of Bio-chemic &


Research in India having its

office at Ghughumari, Post

Office - Ghughumari, District -

Cooch Behar;

3. Sri Brahmachari Nabinanada

Saraswati, S/O Sri Upendra

Nath Bagchi, the President,

The Central Council of Bio-



India, having its office at




4


Behar.

…..Petitioners

-Versus-

1. The Union of India, service

through the Secretary,

Government of India, through

the Secretary, Government of

India, Ministry of Health and

Family Welfare, Nirman

Bhawan, New Delhi;

2. The Central Council of

Homeopathy, 10, Community

Centre, Basantalok, Vasant

Bihar, New Delhi-110 057;

3. The Secretary, Department

of Human Resource

Development, Government of



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India, New Delhi, Nirman

Bhawan, New Delhi;

4. Secretary (Health), Ministry

of Health and Family Welfare,

Government of India, New

Delhi;

5. President, Central Council

of Homeopathy, having its

office at 10, Community

Centre, Basantalok, Vasant

Bihar, New Delhi 110 057;

6. Council for Advancement of

Peoples’ Action and Rural

Technology, having its office at

Guru Nanak Foundation

Building, New Mehrauli Road,

New Delhi-110 967



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….Respondents

And

IN THE MATER OF:

1. The Central Council of Bio-



India, a registered Society

under the Registration Act,

1961 having its office at



Behar;

2. The Secretary, the Central

Council of Bio-chemic &


Research in India having its

office at Ghughumari, Post



7

Office - Ghughumari, Dist.

Cooch Behar;

3. Sri Brahmachari Nabinanada

Saraswati, S/O Sri Upendra

Nath Bagchi, the President,

The Central Council of Bio-



India, having its office at

Ghughumari; P.O.


Behar.

…..Petitioners

- Versus-

1) P.K. Pradhan, Secretary,

Ministry of Health and Family

Welfare Government of India,



8

Nirman Bhavan, Maulana

Azad Road, New Delhi-110011.

2) B.P. Sharma, Joint

Secretary, Ministry of

Health and Family Welfare

Government of India,

Nirman Bhavan, Maulana

Azad Road, New Delhi-

110011.

Opposite parties/

Contemnors To

The Hon,ble Mr. Jainarayan Patel, Chief Justice and His

Companion Justices of the said Hon’ble Court.

The humble petition of the

above named most respectfully

-

SHEWETH:



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1. That your petitioner No. 1 is a registered society under the

West Bengal Societies Registration Act, XXVI, 1961, the

Registration being No. 9/53296 of 1986-87.

2. That your petitioner Nos. 2 and 3 are the Secretary and

President of the petitioner No.1 and is competent to affirm

this petition on behalf of the said society. The objects of the

said association inter-alia are mainly:

1) Teaching

2) Coaching and Research for new

diseases

3) Appropriate registration of Modern Bio-

Chemic and Complex Homeo Medicines

4) Development for the rural area

5) Guide some colleges

3. The objects of the said society are inter-alia as follows –



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1) Teaching 2) Coaching 3) Research for new diseases 4)

Appropriate Registration 5) Development of the rural

area by applying 20 point program 6) Guide some

colleges with all procedures 7) State Council 8)

Implementation of family planning program 9) Help to

the poor 10) performing the works with the assistance of

the government for advancement of depressed classes in

India. The society has been working all over India village

to village (as per current audit report).

4. That since registration of your petitioner’s association, the

petitioner’s association is imparting Bio-chemic medical

studies and/or conferring D.M.B.S. Diploma by the

petitioner’s association. That for a student to undergo

medical education in your petitioner’s association is

required.

5. That your petitioners state that Bio-Chemic system of

treatment has a pedantic history in the medical world. As an

alternative medical system, the said system was made a



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hallmark in the medical world when the German physician

Wilhelm Heinrich Schussler after 15 years of Homeopathic

practice engaged himself in applying inorganic salts of which

the human body is composed of and their quantitative

relation to the human being. 1873 is considered to be the

birth year of bio-chemistry and in 1974 Schussler’s first work

titled “An Abridged therapy on the basis of physiology and

cellular pathology” appeared. Schussler based his bio chemic

therapeutics on cell activity. He started from the fact that the

salts which remain after combustion, form an essential part

of every cell even if they are only present in extremely small

quantities and any change in their quantitative relations will

disturb normal cell function and cause disease.

6. Your petitioners crave leave of this Hon’ble Court to refer to

and rely upon the pleadings as made in the abovementioned

writ petition at the time of hearing of this application.

7. Your petitioners state that your petitioners applied for

recognition of the petitioner’s council as an alternative

medical council to enable it to discharge and perform its



12

duties and also to impart alternative medical education in

bio-chemic medicines and to award degrees thereof to

students who have successfully participated in the medical

courses offered by the petitioner council in bio-chemic

medicine.

8. Your petitioners state that by an order dated 18.2.1994 the

then Secretary Sri M.S. Dayal, the earlier incumbent of the

Respondent No.1 herein declined to grant recognition to the

petitioner council on the basis of a report of a team of experts

who purportedly visited the council’s institute a copy of which

was not made available to the petitioners.

9. Your petitioners challenged the said order dated 18.2.1994

before this Hon’ble Court in the abovementioned writ petition.

The said matter was finally heard by His Lordship the Hon’ble

Justice Aniruddha Bose and by a judgment and order dated

7.6.2011 His Lordship was interalia pleased to quash the

impugned order dated 18.2.1994 and was further pleased to

direct the opposite party to reexamine the petitioner’s

application for recognition after making available to them a



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copy of the report on which reliance has been placed in the

order dated 18.2.1994. His Lordship was further pleased to

direct that a fresh decision may be taken upon giving the

petitioners an opportunity of hearing after making available to

them a copy of report referred to in the said order dated

18.2.1994 within a period of twelve weeks from the date of

communication of His Lordships order.

Certified copy of the said judgment and order dated 7.6.2011

is annexed hereto and marked ‘P-1’.

10. Your petitioners state that your petitioners obtained a

certified copy of the said judgment and order dated 7.6.2011

on 1.7. 2011 and the said judgment and order was duly

communicated to the opposite party by a covering letter dated

4.7.20-11 a copy whereof is annexed hereto and marked ‘P-2’.

Your petitioner states that the said communication was made

with registered post with A/D card. Your petitioner however

did not receive A/D card of the same. Your petitioners state

that in any event of the matter the said communication of the

solemn order of this Hon’ble Court was duly received by the



14

opposite parties will be evident from the contents of

paragraphs 3 and 4 of the application of the respondents for

review of the order passed by this Hon’ble Court and as such

the respondents had full knowledge of the order passed by

this Hon’ble Court and other directions passed by this

Hon’ble Court on the subject. Paragraphs 3 and 4 of the said

application for review reads as follows:-

“3. From the order dated 18.02.1994 passed by the

Secretary (health) Ministry of Health and Family Welfare

Government of India, it appears that two member committee

had been appointed consisting of Professor P. Rajaram,

Deputy Director General of Health Services and Dr. B.T.

Augustine Advisor Homeopathy Ministry of Health and

Family Welfare. They inspected the premises of the said

council on 15.02.1994 and held the discussion with members

of the said council and on the recommendation of committee,

the Ministry of Health issued the order dated 18.02.1994.

4. The applicants state that it will appear from the above

that the Hon’ble Court pass the following directions, namely:



15

a) The Hon’ble Court directed to Respondent No.1 to provide

copy of the inspection report of the petitioner’s institution

b) The Hon’ble Court quashed the impugned order

18.02.1994 passed by the Mr. Dayal, then Secretary, Health

and Family Welfare, Government of India.

c) The Court directed to reexamine the petitioner’s

application after making available to them a copy of the report

on which reliance has been placed in the said order and a fresh

decision may be taken in the matter upon giving hearing to the

petitioner and copy of the report may be provided within a

period of 12 weeks from the date of communication of this

order.”

11. Your petitioners state that thus the respondents had full

knowledge of the solemn order passed by this Hon’ble Court

and the directions contained therein to be performed by the

contemnors/respondents herein to maintain the dignity,

authority and majesty of the orders passed by this Hon’ble

Court. Your petitioners state that thus despite knowledge of



16

the said judgment and order dated 7.6.2011 the

respondents/contemnors in gross violation of the said solemn

order failed and neglected to act in terms of the said order

within twelve weeks as has been directed being the time

mentioned in the said order for making a fresh decision for

the same. The time limit specified in the said order having

expired , no steps whatsoever have been taken by the

opposite parties by showing a scant regard for the same to

comply with the directions passed by His Lordship the

Hon’ble Justice Aniruddha Bose in the judgment and order

dated 7.6.2011 as referred to hereinabove. Your petitioners by

their Learned Advocate thereafter caused a letter dated

28.4.2012 to be written to the opposite parties interalia

calling upon the opposite party to carry out the directions

given by His Lordship in the said judgment and order dated

7.6.2011 failing which appropriate contempt proceedings

would be drawn up, but to no avail.

12. Your petitioners state that for not taking steps in terms of the

judgment and order dated 7.6.2011 your petitioners again

caused a letter to be written by the Learned Advocate to Dr.



17

V.M. Katoch the contemnor/respondent NO.1 to which a

reply was sent informing that the said Dr. V.M. Katoch was

not the present Secretary of the Ministry of Health and Family

Welfare. A copy of such reply to the present Secretary,

Ministry of Health and Family Welfare has however

forwarded.

13. Your petitioners state that the contemnors/opposite parties

have thus shown scant regard to the orders passed by this

Hon’ble Court and has deliberately and willfully and

contumaciously flouted the solemn order passed by this

Hon’ble Court and exposed themselves to be contumaciously

dealt with in accordance with law. Your petitioners state that

thus the contemnors/opposite parties with a conscious

intention to show total disrespect to the directions passed by

this Hon’ble Court by its judgment and order dated 7.6.2011

despite having knowledge of such judgment and order. This

deliberate action/inaction on the part of the opposite parties

is not only mala fide but also a total disregard to the rule of

law and such action and/or inaction on the part of the

opposite parties is in total abuse of their powers which has



18

seriously lowered the dignity of this Hon’ble Court and as

such it has become imperative that the Opposite Parties be

suitably dealt with under the Contempt of Courts Act 1971.

Such blatant and deliberate non-compliance of the solemn

order and directions passed by this Hon’ble Court not only

smacks of high handedness but is also a deliberate action to

lower the dignity of this Hon’ble Court.

14. Your petitioners state that the opposite parties have not

taken any steps whatsoever for carrying out the order dated

7.6.2011 even after full knowledge of the said judgment and

order of this Hon’ble Court. The aforesaid action of the

opposite party/contemnor amounts to contumacious

disobedience to and deliberate violation of the solemn order

dated 7.6.2011 passed by the Hon’ble Justice Aniruddha

Bose in C.R. NO. 8849 (W) of 1994.

15. That the Respondents/ contemnors has lowered down the

dignity and majesty of this Hon’ble Court by willfully and

deliberately violating the order dated 7.6.2011 passed by this



19

Hon’ble Court and your petitioner begs to bring the aforesaid

facts to the notice of this Hon’ble Court so that this Hon’ble

Court may take notice of the same and punish the

respondent/contemnor not only to keep free the strength of

justice but also to ensure that the opposite party/contemnors

do not violate the orders of this Hon’ble Court and acts only

in terms thereof.

16. That the aforesaid acts and/or actions on the part of the

opposite party/contemnor as complained herein above

amounts to “Contempt” within the meaning of the Contempt

of Courts Act 1971 and as such the opposite party is liable to

be hauled up for contempt and dealt with accordingly.

17. That the petitioner state that the inaction and/or deliberate

disobedience of the solemn order passed by this Hon’ble

Court to bring such contumacious act on the part of the

opposite parties/contemnors has exposed themselves to be

dealt with in accordance with law.



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18. That for upholding the dignity and authority of this Hon’ble

Court and the majesty of law it will be eminently fit and

proper for this Hon’ble Court to draw up proceeding for

Contempt of Court and to punish the Opposite Party for his

deliberate violation and willful disregard of the said judgment

and order dated 07.06.2011 passed by the Hon’ble Justice

Aniruddha Bose of this Hon’ble Court in W.P. No. 8849 (W) of

1994.

19. That unless the orders as prayed for herein below are passed

your petitioner will suffer irreparable loss, prejudice and

injury.

In the aforesaid circumstances, it

is prayed that Your Lordships

would be graciously pleased to:

A) Issue a Rule calling upon the

opposite parties/contemnors to

show cause as to why he should

not be proceeded against and/or

suitably dealt with for willful and



21

deliberate disobedience to and/or

contumacious violation of the

order dated 07.06.2011

passed by the Hon’ble Justice

Aniruddha Bose in C.R. No. 8849

(W) of 1994 (The Central Council

of Bio Chemic and Complete

Homeo Medicine With Research In

India and Others –versus- Union

Of India And Others by not

complying with and carrying out

the directions and/or orders as

directed by this Hon’ble Court as

directed in the said judgment and

order dated 7.6.2011 within a

period of twelve weeks from the

date of communication of such

judgment and order;



22

B) On no cause or insufficient

cause being shown the Rule be

made absolute;

C) Pass such order or further

orders as to Your Lordships would

seem fit and proper;

And for this act of kindness your petitioners as in duty bound shall

ever pray.



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A F F I D A V I T

I, Brahmachari Nabinanda Saraswati son of Sri Upendra Nath Bagchi,

aged about 55 years, by occupation– social development work, residing at

Parimal Villa, Biswa Singha Road, (Bylane), P.O. & District : Cooch Behar

do hereby solemnly affirm and state as follows:

1. That I am the petitioner No.3 herein in the instant application and I

am well acquainted with the facts and circumstances of the case, as

such, I am affirming this affidavit. I am duly competent to sign the

petition and make and affirm this affidavit on behalf of all the

petitioners.

That the statements made in paragraphs 1,2,4,5,6,7,10,11,12,13,15,17

are true of my knowledge, those made in paragraphs 3,8,9 are my

information derived from records which I verily believe to be true and

those made in paragraphs 14,16,18,19 are my humble submissions

before this Hon’ble Court.

Prepared in my office

Advocate

The deponent is known to me

Clerk to :

Advocate

Solemnly affirmed before me on

this _____ the day of May,

2012.



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DISTRICT: COOCH BEHAR

IN THE HIGH COURT AT CALCUTTA SPECIAL CIVIL JURISDICTION

APPELLATE SIDE C.P.A.N. No. of 2012 C.R. No. 8849 (W) of 1994 IN THE MATTER OF: An application under the Contempt of Courts Act 1971;

And IN THE MATTER OF The Central Council of Bio-Chemic & Complex Homeo Medicine with Research in India & Others.

.. Petitioners

-Versus- The Union of India & Others.

… Respondents And

In the matter of:

The Central Council of Bio-Chemic & Complex Homeo Medicine with Research in India & Others.

…Petitioners -VERSUS-

P.K.Pradhan & Anr. .…Opposite Parties/Contemnors

CONTEMPT PETITION

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