In a dramatic turn of events, a Calcutta High Court division bench revoked the arrest of advocate Prosenjit Mukherjee, ordered earlier by single judge Justice Abhijit Gangopadhyay. Mukherjee faced contempt charges and was arrested inside the courtroom itself.
A late-night hearing, prompted by Mukherjee's letter seeking relief, led to the reversal. Justices Harish Tandon and Hiranmay Bhattacharya stayed the arrest order, citing Mukherjee's status as a lawyer and the "extreme urgency" of the situation.
Mukherjee claimed he had apologized to Justice Gangopadhyay but was still detained. The Bar Association reacted strongly, demanding the Chief Justice withdraw all work from Justice Gangopadhyay and refusing to appear in his court until an apology is issued.
The incident has sparked controversy and highlighted tensions within the legal community. The bar association in a letter addressed to Chief Justice TS Sivagnanam, mentioned that they have passed a unanimous resolution in the matter due to the insult that Advocate Prosenjit Mukherjee dispensed. The incident that occured is as follows:
“During the course of deliberations on 18.12.2023, Justice Abhijit Gangopadhyay rendered a verdict in which His Lordship found Sri Prosenjit Mukherjee, the Ld. Advocate, culpable of criminal contempt. In addition to disrobing Mukherjee in public, the judge transferred him to Civil Prison, where he was placed in the custody of the Ld. Sheriff. The transfer occurred from the CourtRoom via the corridor of the High Court. The apparent reason is that His Lordship deemed Sri Mukherjee's demurrer to an order of the Honorable Division Bench, which was subsequently modified, to be unseemly and discourteous. "The Ld. Advocate was taken into custody from the courtroom without a hearing opportunity, even in the absence of an order from the Chief Justice of India, Mister Mukherjee," the letter from the Bar Association stated.”
