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LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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. 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
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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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 -
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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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 -
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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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-110 057;
3. The Secretary, Department
of Human Resource
Development, Government of
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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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
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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….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
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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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,
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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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:
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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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 –
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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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
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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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
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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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
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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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
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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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:
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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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
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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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.
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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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
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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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
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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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.
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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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
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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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;
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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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.
LEGAL PROCESS OUTSOURCING
Address: 99G Block F, New Alipore, Kolkata – 700053, India. Tel: +91 98300 94371
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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.
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 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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