Case Note & Summary
The matter before the Supreme Court of India was a contempt proceeding initiated by Mohd. Qaiser against L.K. Sinha and others for alleged non-compliance of an earlier order. The proceeding arose from the respondents' failure to comply with the Court's order within time, leading the petitioner to seek action in contempt. The respondents filed an affidavit explaining the delay and steps taken thereafter. According to the affidavit, the General Manager came to know of the Court's order for the first time on September 27, 1995, and immediately directed payment of the amount. A cheque for Rs.50,000 was drawn in favour of the petitioner on September 29, 1995, and offered to him. The petitioner refused to accept the cheque on October 1, 1995, after which the offer was communicated by registered post with acknowledgement due. The cheque was subsequently handed over to the petitioner's counsel across the Bar. The General Manager also stated that action had been initiated against the erring officials who had defaulted in complying with the Court's order. The Court considered these submissions along with the unconditional apology tendered by the respondents. It found that compliance had been made, though belatedly, and accepted the unconditional apology. The Court directed the General Manager to submit a report of the action taken against the erring officials and the result thereof to the Registry within 60 days. The contempt proceedings were disposed of accordingly. The decision reflects the principle that belated compliance coupled with an unconditional apology can suffice to close contempt proceedings, while ensuring accountability through a report on disciplinary action against defaulting officials.
Headnote
A) Contempt of Court - Civil Contempt - Compliance and Apology - Contempt of Courts Act, 1971 (Section Not mentioned) - The respondents filed an affidavit stating that the General Manager came to know of the order on 27-09-1995, directed payment of Rs.50,000 by cheque drawn on 29-09-1995, which the petitioner refused on 01-10-1995; the cheque was later handed over to the petitioner's counsel across the Bar, and the General Manager initiated action against erring officials. The Court accepted the unconditional apology and directed the General Manager to submit a report of action taken within 60 days to the Registry - Held that belated compliance and apology disposed of the contempt proceedings.
Issue of Consideration
Whether the respondents' belated compliance and unconditional apology should be accepted to dispose of the contempt proceedings.
Final Decision
The Supreme Court accepted the unconditional apology, noted that compliance had been made belatedly, directed the General Manager to submit report of action taken against erring officials within 60 days to the Registry, and disposed of the contempt proceedings.
Law Points
- Contempt of court
- belated compliance
- unconditional apology
- direction to report action taken against erring officials
- payment of Rs.50
- 000 by cheque
