LEGAL PROCESS OUTSOURCING

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1 DISTRICT: COOCH BEHAR IN THE HIGH COURT AT CALCUTTA SPECIAL CIVIL JURISDICTION APPELLATE SIDE C.P.A.N. No. of 2012 C.R. No (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 (W) of 1994 (Central Council of Bio Chemic and 1

2 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 - 2

3 Ghughumari, Dist. Cooch Behar; 2. The Secretary, the Central Council of Bio-chemic & Complex Homeo Medicine with 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- Chemic & Complex Homeo Medicine with Research in India, having its office at Ghughumari, Post Office - 3

4 Ghughumari, Dist. Cooch 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 ; 3. The Secretary, Department of Human Resource 4 Development, Government of

5 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 ; 6. Council for Advancement of Peoples Action and Rural Technology, having its office at Guru Nanak Foundation Building, New Mehrauli Road, 5 New Delhi

6 .Respondents And IN THE MATER 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 - Ghughumari, Dist. Cooch Behar; 2. The Secretary, the Central Council of Bio-chemic & Complex Homeo Medicine with Research in India having its office at Ghughumari, Post 6

7 Office - Ghughumari, Dist. Cooch Behar; 3. Sri Brahmachari Nabinanada Saraswati, S/O Sri Upendra Nath Bagchi, the President, The Central Council of Bio- Chemic & Complex Homeo Medicine with Research in India, having its office at Ghughumari; P.O. Ghughumari, Dist. Cooch Behar...Petitioners - Versus- 1) P.K. Pradhan, Secretary, Ministry of Health and Family Welfare Government of India, 7

8 Nirman Bhavan, Maulana Azad Road, New Delhi ) B.P. Sharma, Joint Secretary, Ministry of Health and Family Welfare Government of India, Nirman Bhavan, Maulana Azad Road, New Delhi To Opposite parties/ Contemnors 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: 8

9 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 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 9

10 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 10

11 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 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 11

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 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 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 His Lordship was interalia pleased to quash the impugned order dated and was further pleased to direct the opposite party to reexamine the petitioner s application for recognition after making available to them a 12

13 copy of the report on which reliance has been placed in the order dated 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 within a period of twelve weeks from the date of communication of His Lordships order. Certified copy of the said judgment and order dated is annexed hereto and marked P Your petitioners state that your petitioners obtained a certified copy of the said judgment and order dated on and the said judgment and order was duly communicated to the opposite party by a covering letter dated 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 13 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 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 and held the discussion with members of the said council and on the recommendation of committee, the Ministry of Health issued the order dated The applicants state that it will appear from the above that the Hon ble Court pass the following directions, namely: 14

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 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 15

16 the said judgment and order dated 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 as referred to hereinabove. Your petitioners by their Learned Advocate thereafter caused a letter dated 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 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 your petitioners again 16 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 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 17 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 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 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 passed by the Hon ble Justice Aniruddha Bose in C.R. NO (W) of That the Respondents/ contemnors has lowered down the dignity and majesty of this Hon ble Court by willfully and 18 deliberately violating the order dated 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. 19

20 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 passed by the Hon ble Justice Aniruddha Bose of this Hon ble Court in W.P. No (W) of 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 20 suitably dealt with for willful and

21 deliberate disobedience to and/or contumacious violation of the order dated passed by the Hon ble Justice Aniruddha Bose in C.R. No (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 within a period of twelve weeks from the date of communication of such judgment and order; 21

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. 22

23 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,

24 DISTRICT: COOCH BEHAR IN THE HIGH COURT AT CALCUTTA SPECIAL CIVIL JURISDICTION APPELLATE SIDE C.P.A.N. No. of 2012 C.R. No (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 DISCLAIMER The above contents are purely for sample purposes and only intend to show the work quality of the Counsel. We have the approval of the Counsel to display this sample. 24 Racon Consultants, India