AGARTALA / NEW DELHI, Jan 18 (TIWN): Tripura Law Secretary’s petition against Tripura High court finally bitten dust as Supreme Court pushed back D.M Jamatia's case back to Tripura Hogh Court.Northeastern States’ increased visibility in Supreme Court is becoming obvious by the day. Court room 2 of the Supreme Court witnessed a very interesting legal battle on Jan 13 as Solicitor General Ranjit Kumar was pitted against Additional Solicitor General PS Patwalia in a petition from Tripura.And the litigants were none other than the Law Secretary of Tripura D. M. Jamatia and the High Court of Tripura. ASG Patwalia along with Senior Advocate JP Cama appeared for DM Jamatia, the Law Secretary of the State against whom the High Court has slapped criminal contempt. SG Ranjit Kumar appeared for the High Court.The matter has its origin in a note filed by Jamatia pertaining to reservation policy in the State. The note was a reason for initiation of contempt but the Court had subsequently dropped the same. However, another note was written by Jamatia to Chief Minsiter Manik Sarkar. The said note had the following remarks against the Chief Justice and the High Court. However, D M Jamatia's fate hangs in balance as HC likely to proceed as per available legal options.

D M Jamatia wrote “The Chief Justice became 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 same issue and endorsed our views".

This note was leaked to a newspaper leading to a furore and criminal contempt being slapped against Jamatia by an order to that effect by Chief Justice Deepak Gupta on the administrative side. Jamatia’s challenge to the criminal contempt was listed before Chief Justice Deepak Gupta himself who refused to list the matter before another Bench.

DM Jamatia wrote… …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… …”

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

This led to an appeal in the Supreme Court seeking a stay on the proceedings before the High Court. The Court had issued notice in the case in July 2015.

When the matter came up for hearing on Jan 13, the Court was not inclined to hear the case. It said that Jamatia can raise his arguments before the High Court and come in appeal if the High Court verdict is against him.

Patwalia, representing Jamatia, stressed the fact that Jamatia’s 25 year long career has been jeopardised by the contempt proceedings.

“I have served the judiciary for 25 years. My career was at a crucial stage when I could have been elevated to the High Court as judge; My career will be finished. I have already apologised to the Court 3 times. I don’t know who leaked the note to the press. Even the respondents don’t claim that I did that. The note was not meant to be disclosed to the public. Even if I am exonerated, I will be finished”, submitted Patwalia.

Solicitor General Ranjit Kumar submitted that Jamatia did not contradict the newspaper report till 4 months after it was published.

The Bench comprising Justices Anil R Dave, Kurian Joseph and AK Goel made it clear that it will not interfere since the High Court is already seized of the matter.

Patwalia and Cama then sought for a direction to be given to the High Court to list the matter before another Bench which does not comprise the Chief Justice.

“Why does the Chief want to hear the matter? Let the matter be placed before another Bench”, said Patwalia.

“Why are you doubting the Chief Justice? When working as a judicial officer and when working on the administrative side as a judge, we play different roles”, said Dave J.

“I am not Your Lordships. My client has the greatest respect for the Chief Justice. Let that not be taken away”, replied Patwalia.

The Bench after a long discussion said that it will not entertain the case whereupon the petitioner chose to withdraw the matter. The proceedings in the High Court which had been stayed will now resume.

So,now D M Jamatia's fate hangs in balance as HC likely to proceed as per available legal options.