The Supreme Court on April 28 granted interim protection to KN Choudhary, President of the Gauhati High Court Bar Association, in a contempt case filed by the Advocate General of Assam. The case concerns alleged derogatory remarks made by senior advocates during a protest against shifting the High Court to Rangmahal, North Guwahati.
A bench of Justice Vikram Nath and Justice Sandeep Mehta issued the stay on proceedings against Choudhary, but allowed the contempt case to proceed against two other lawyers — Anil Kumar Bhattacharyya and Pallavi Talukdar.
"Considering the facts and arguments, as an interim measure, the High Court may proceed with contempt against Respondents 1 and 3. However, proceedings against the Bar Association President shall remain in abeyance," said the bench.
Senior Advocate Kapil Sibal, appearing for Choudhary, stated that the President was not present when the controversial comments were made. He also submitted a video clip to the High Court as proof.
At the beginning of the hearing, Justice Vikram Nath questioned Sibal:
“Why are you opposing the construction of the new High Court building?”
Initially, Sibal denied opposing the move, but later admitted:
“Fine, milords. But I cannot be proceeded in contempt just because I opposed it.”
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He clarified there was no strike related to the relocation, countering the allegations.
Another petition by the Bar Association, filed by Senior Advocate Shyam Divan, was dismissed as withdrawn. However, the Court issued a notice in the President’s case and emphasized that contempt would continue against the other two advocates.
“We are not inclined to entertain the Bar Association’s petition. Dismissed. But we will issue notice in the President’s matter,” Justice Nath stated.
Solicitor General Tushar Mehta, representing the Advocate General, opposed the interim relief. He argued that the President, as the Bar’s head, shares responsibility for the members’ conduct.
“Nothing happens without the consent of the President. If someone leads a group, they are responsible for its actions,” SG Mehta said.
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Justice Nath, however, observed that the Bar Association is officially represented by its Secretary, not its President. Sibal also objected to SG Mehta's arguments, pointing out he appeared without filing a caveat.
The original complaint alleged that Pallavi Talukdar, in a media interview, made derogatory remarks against Justice Suman Shyam, a sitting Gauhati HC judge and head of the Building and ICT Committees.
Anil Kumar Bhattacharyya was also accused of comparing the judge’s behavior to that of a CID officer, which was submitted as direct evidence by the Advocate General.
“Statements like these amount to direct attacks on the institution,” submitted the Advocate General.
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The Gauhati High Court issued a press release on April 3, countering misinformation around the proposed court relocation.
“Scandalous aspersions are being made by some Bar members, undermining public trust in the judiciary and its independence,” the High Court stated.
The High Court has reserved its judgment in the contempt case while the Supreme Court’s stay on proceedings against Choudhary remains effective.
Case Details: GAUHATI HIGH COURT BAR ASSOCIATION Vs ADVOCATE GENERAL ASSAM|D No. 20664/2025 and SHRI KAMAL NAYAN CHOUDHURY vs ADVOCATE GENERAL, ASSAM AND ORS. SLP(Crl) No. 6225-6226/2025
