SC junks Delhi HC verdict reviewing order in contempt case

A bench of Justices B R Gavai and Augustine George Masih famous that the only choose in December 2023 held the person responsible of “deliberately and malafidely” violating its order.

The only choose granted him 4 weeks both to purge the contempt, or failing which, file an affidavit explaining why he shouldn’t be punished beneath the Contempt of Courts Act, 1971, the bench mentioned.

The apex court docket mentioned when the matter was listed earlier than one other single choose of the excessive court docket in July 2024 after the change of roster, the choose got here to a conclusion that there was no willful and deliberate disobedience of the court docket’s order.

“Other than this being in extra of the jurisdiction, it is usually opposite to the properly settled rules of judicial propriety,” the bench held.

The highest court docket added, “When one choose of the identical court docket has taken a specific view holding the respondent to be responsible of contempt, one other choose couldn’t have come to a discovering that the respondent was not responsible of contempt.”

The highest court docket discovered it not permissible for the only choose to have revisited the difficulty to resolve if the person had dedicated contempt or not.

“In our view, the order of the only choose of the excessive court docket by holding that the respondent had not dedicated contempt quantities to sitting in an enchantment over the order handed by the coordinate bench dated December 5, 2023,” it mentioned.

The apex court docket’s verdict got here on an enchantment difficult the July 2024 order of the excessive court docket which dismissed the contempt petition filed by the appellants.

The highest court docket clarified that it could not go into the deserves of the matter and it was solely contemplating the correctness of the process adopted by the only choose whereas passing the July 2024 order.

After the order was handed in December 2023, the only choose might have solely thought-about whether or not the person had purged the contempt and if not, whether or not he needs to be punished or not beneath the Contempt of Courts Act, 1971, the bench mentioned.

“In that view of the matter, we’re inclined to quash and put aside the impugned judgment and remaining order. We order accordingly,” it held.

The matter was remitted to the only choose of the excessive court docket for contemplating the difficulty from the stage of passing of the December 2023 order.

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