AGRATALA,December18 (TIWN): Chief Justice of Tripura High Court today acquitted Law Secretary Datamohan Jamatia and Deputy Secretary( Law) Sankari Das of the Contempt of Court. Today Additional Solicitor General of the Supreme Court Paranjit Singh Patawala and Advocate General Bijan Das and lawyer Tapas Datta Majumder, who defended the case on behalf of the state Govt told the High Court during the hearing," In the Kripalagiri Case of 1987 Supreme Court told that based on Official noting , the Charge of Contempt cannot be imposed on any official. " Citing this case as an instance Additional Solicitor General also said that on that judgement SC gave its view that in official letters govt officials can give their personal opinion; otherwise it will not be ideal for democracy. Based on this judgement, Chief Justice acquitted both Datamohan Jamatia and Sankari Das of the contempt case.

According  to TIWN sources the Additional Solicitor General Paranjit Singh Patawala also appealed to the HC to take legal action against a section of media for publishing a confidential note saying that it also violated the  govt and its official secrecy. But the Chief Justice said that as per RTI any one can appeal for for submitting any govt notification. And it does not come for taking legal action against media. Rather the Chief Justice expressed his annoyance against Data Mohan Jamatia for writing humiliating remarks against the High Court in his note that was approved by the Chief Minister as well, said the sources . The HC asked Datamohan to produce departmental explanation regarding that note published in media. The High Court asked the state govt and Datamohan  to submit the explanation by 5th of January 2015. After getting this explanation the HC will decide the next course of action.

        Quite surprisingly violating his limit as a Law Secretary D M Jamatia used the following remarks:-

1)" .... .... The Chief Justice become furious and directed to initiate contempt case against Deputy Secretary(Law) and against the undersigned but not against the Advocate General who has examined the sane issue and endorsed our views"

2)"... ...the High Court, with preconceived mood, has initiated contempt case against 2(two) of us who participated in the total process of exchange of views. The does not permit it... ..."

3) "... ...We are afraid whether the High Court will damage our service records or career. The Chief Justice is trying demoralize us so that no views can be given against any order of the High Court.... ..."

        After this note got leaked in media all were stunned with D M Jamatia's role as a Law Secretary and the violation of  his limitation. Even inside the legal avenues it is now under discussion," To hide his inefficiency Datamohan has used humiliating remarks against the Chief Justice and the High Court . Now its only a matter of time when the HC is likely to slam legally on him.  In the SC/ST promotion case Govt of Tripura  has already wasted a huge amount of public money.

Deputy Secretary to the Govt of Tripura(Tribal Welfare Dept) vide his MEMORANDUM NO.F.19(01)-FIN(B)/2014 dated 07/11/2014 sanctioned the release of Rs 24 lakh from Tribal Welfare Department as Advocate fee to conduct the case WP(C)-189/2012, WP(C)-109/2011, WP(C)-124/2011 and WP(C)-126/2011 in the High Court of Tripura. F.R.Code of this release is 0788/14-15 and the Demand No/Head of Account is 19/2225-02-001-33-09-28 Professional Services. And with the further sanction of Rs 25 lakh, the total waste of govt money is Rs 49 lakh in a single case.

       The interesting fact is that by simply referring to a judgement of SC in Kripalagiri Case, Patawala succeeded in saving the prestige of state govt in the HC. Then isn't it a matter of shame for those who are appointed as legal advisors of the state govt? Were they not aware of that Judgement even in this age of information explosion?

      On the other hand , it is learnt from a highly placed sources that state govt has already started to fight the case in the HC regarding the HCs seeking clarification like it did in the SC/ST promotion case. But it is not sure how far the High Court and the Chief Justice would agree on that point. It is because the note given by Datamohan is not a confidential one as based on this note Chief Minister Manik Sarkar approved the sanction of Rs 25 lakh. Again the Law Secretary used such words that are simply an indication of  attack against the judiciary, said a senior lawyer.

Law Secretary DM Jamatia official note to CM sent on 24/11/2014. TIWN