Case Note & Summary
The contempt petition was filed alleging violation of a Supreme Court order directing the High Court to dispose of a suit within six months and prohibiting the creation of third-party rights. The petitioners claimed that the respondents had violated this order. The respondents, particularly respondent No. 1, contended that there was no intention to flout the court's orders and sought acceptance of their unconditional apologies. The court analyzed the nature of apologies in contempt proceedings, stating that an apology must be genuine and timely to be considered valid. It referred to various legal provisions, including Article 129 of the Constitution and relevant sections of the Code of Civil Procedure, to establish the court's authority to punish for contempt. The court cited precedents to clarify that wilful disobedience is necessary for contempt, and negligence may also suffice. Ultimately, the court concluded that the respondents had indeed committed wilful disobedience of its order, leading to the imposition of exemplary costs of Rs. 2,00,000 on each contemnor, with a provision for simple imprisonment in case of non-payment. The court also declared any third-party rights created after the order as null and void.
Headnote
A) Contempt of Court - Wilful Disobedience - Liability for Punishment - Constitution of India, Article 129; Code of Civil Procedure, 1908, Section 94 - Court found that there was a wilful and deliberate violation of its order, leading to the imposition of exemplary costs on the contemnors. The court emphasized that mere disobedience is not sufficient; there must be an element of willingness to violate the order (Paras 7-15).
Issue of Consideration
Whether the respondents/contemners are liable to punishment for disobedience of the order passed by this Court
Final Decision
The court imposed exemplary costs of Rs. 2,00,000 on each contemnor, to be deposited within eight weeks, with a provision for simple imprisonment for non-payment. Any third-party rights created after the order were declared null and void.
Law Points
- contempt of court
- wilful disobedience
- Article 129
- Code of Civil Procedure
- 1908
- Section 94
- Order XXXIX
- civil prison
- exemplary costs
