High Court of Tripura pronounced jail sentence to a city couple for contempt of court. Such jail terms are rare in the state and in fact unheard of in the recent past.
Division Bench of Chief Justice A A Kureshi and Justice Arindam Lodh sentenced Mousumi Dhar ( Datta) and her husband Rabindra Datta of Budhhamandir, Abhoynagar area for three months simple jail with Rs 1000.
The case related to a legal dispute with State Bank of India from where Mousumi Dhar (Datta) had taken loan of Rs 3 crore in 2015. Her husband Rabindra Datta was the guarantor.
As the borrower failed to pay back the loan amount the matter ultimately went to the High Court. The High Court made arrangements between the two parties for amicable settlement- especially allowing the borrowers to sell the property and then repay the loan amount to interest accrued. But the borrower failed to sell the property and made some excuses. The case came up for hearing several times and several affidavits were submitted to the court from both the parties. However, it was ultimately found that the borrowers were only buying additional times on frivolous grounds and they did not have any intention to clear the debt. This also invited contempt of court charges against them.
In their order the Division Bench said : ..such multiple defaults only establish that they have scant respect for their own undertaking of the court orders…in clear terms both the contemnors have committed civil contempt…”.
The High Court also observed : It is our unpleasant duty to impose at least some jail sentence failing which , we are afraid, the citizens might take the orders of the court and undertaking before the court rather lightly and in the process we would be diminishing the majesty of the court.
Then the High Court added : Respondent 1 ( Mousumi Dhar) is a lady and perhaps a sleeping partner in her husband;s business. However, the hard fact is that she is the principal borrower. Her husband behind the scene is a guarantor . We obviously cannot impose lighter punishment on principal borrower than the guarantor.”
The High Court asked Rabindra Datta to surrender before the NCC Police station by October 5 next and since Mousumi Dhar was ill she was asked to surrender by December 31 next.
