Case Note & Summary
The case involved a suo moto contempt notice issued to Mrs. Sumita Kandpal, Principal Secretary of the Medical Health, Family Welfare and Medical Education Department, Government of Uttar Pradesh, for failing to appear in court as ordered. The court had directed her presence on 27th January 1997, but she left for the USA on 8th February 1997, without confirming whether her application for exemption had been filed. The court noted that her absence was due to erroneous legal advice, which she believed justified her travel. Despite acknowledging her senior position and the potential impact of a contempt finding on her career, the court emphasized the importance of compliance with judicial orders. Ultimately, the court accepted her unqualified apology and discharged the contempt notice, while sternly cautioning her to be more mindful of court directives in the future.
Headnote
A) Contempt of Court - Non-Appearance - Circumstances of Non-Compliance - Contempt of Courts Act, 1971, Section Not Mentioned - The court considered the non-appearance of the Principal Secretary, who left the country despite a court order requiring her presence, and the implications of her legal advice. The court ultimately accepted her unqualified apology while cautioning her to adhere to judicial orders in the future. Held that the contempt notice was discharged (Paras 1-4).
Issue of Consideration
Whether the non-appearance of the Principal Secretary constituted contempt of court.
Final Decision
The Supreme Court accepted the unqualified apology of Mrs. Sumita Kandpal and discharged the contempt notice, while cautioning her to comply with judicial orders in the future.
Law Points
- Contempt of Court
- Compliance with Court Orders
- Legal Advice
- Apology in Contempt Proceedings
