Case Note & Summary
The contempt petitions were filed by the Bordeuri Samaj of Sri Sri Maa Kamakhya Temple alleging that the respondents (members of the Kamakhya Debutter Board) had breached the directions of this Court's judgment dated 7th July 2015. The judgment had directed the Debutter Board to vacate the temple premises and hand over possession to the Bordeuri Samaj through the last elected Dolois. The petitioner claimed that the respondents failed to hand over two buildings, movable properties, books of accounts, and surplus cash of about Rs. 11 crores. The Court had earlier directed an inquiry by the CID, which reported misappropriation of Rs. 7,62,03,498/-. However, the Court found that paragraph 73 of the original judgment only directed handing over of premises and other properties, but did not specifically order payment of any amount. The Court held that contempt proceedings cannot be used to enforce obligations not expressly directed in the judgment. The prima facie finding of misappropriation in the CID report was not conclusive, and the respondents had not been given an opportunity to object. Therefore, the Court dismissed the contempt petitions, leaving it open to the petitioner to pursue other remedies for recovery of the money.
Headnote
A) Contempt of Court - Wilful Disobedience - Scope of Contempt Jurisdiction - Contempt of Courts Act, 1971, Article 129 of the Constitution of India - The Court held that contempt proceedings are not the appropriate remedy for recovery of money or enforcement of obligations not expressly directed in the judgment. The power to punish for contempt must be exercised with great care and caution, and cannot be used to fill gaps in the original directions. (Paras 7-10)
B) Interpretation of Judgment - Directions - Specificity Required - The Court observed that paragraph 73 of the judgment dated 7th July 2015 only directed handing over of premises and other properties of the temple, but did not contain any specific direction to pay a sum of money. Therefore, failure to pay the alleged misappropriated amount does not constitute contempt. (Paras 7-8)
C) Misappropriation of Funds - Prima Facie Finding - Not Conclusive - The report of the Additional Director General of Police, CID, Assam, which prima facie established misappropriation of Rs.7,62,03,498/-, was not conclusive and did not create a liability enforceable in contempt proceedings. The respondents were not given an opportunity to object to the report, and the observations therein cannot be treated as conclusive. (Paras 8-10)
Issue of Consideration
Whether the respondents committed contempt of court by failing to hand over movable properties and surplus cash of the temple as alleged, in light of the directions in the judgment dated 7th July 2015.
Final Decision
The Supreme Court dismissed the contempt petitions, holding that there was no specific direction in the judgment dated 7th July 2015 to pay any amount. The prima facie finding of misappropriation in the CID report was not conclusive, and the respondents had not been given an opportunity to object. The Court left it open to the petitioner to pursue other remedies for recovery of the money.
Law Points
- Contempt of Court
- wilful disobedience
- scope of contempt jurisdiction
- interpretation of judgment directions
- recovery of misappropriated funds
Case Details
2021 LawText (SC) (12) 111
Contempt Petition (C) Nos. 853-855 of 2015 in Civil Appeal Nos. 3276-3278 of 2013
The Bordeuri Samaj of Sri Sri Maa Kamakhya
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Nature of Litigation
Contempt petition alleging breach of directions in a previous judgment of the Supreme Court.
Remedy Sought
The petitioner sought initiation of contempt proceedings against the respondents for failing to hand over movable and immovable properties, books of accounts, and surplus cash of the temple as directed in the judgment dated 7th July 2015.
Filing Reason
The petitioner alleged that the respondents did not comply with the directions in paragraph 73 of the judgment dated 7th July 2015, which required them to vacate the temple premises and hand over possession to the Bordeuri Samaj.
Previous Decisions
The Supreme Court in its judgment dated 7th July 2015 in Civil Appeal Nos. 3276-3278 of 2013 directed the Debutter Board to vacate the temple premises and hand over possession to the Bordeuri Samaj. The Court also directed the District Administration to ensure compliance within four weeks.
Issues
Whether the respondents committed contempt of court by failing to hand over movable properties and surplus cash of the temple.
Whether the directions in paragraph 73 of the judgment dated 7th July 2015 included an obligation to pay money.
Whether the report of the Additional Director General of Police, CID, Assam, which prima facie established misappropriation, could be treated as conclusive for contempt proceedings.
Submissions/Arguments
Petitioner: The respondents misappropriated temple funds and failed to hand over movable properties, books of accounts, and surplus cash of Rs. 7,62,03,498/- as per the judgment. The CID report established misappropriation, and the respondents did not object to it.
Respondents: The judgment did not direct payment of any specific amount. Immovable properties have been handed over. Contempt proceedings cannot be used to enforce obligations not expressly directed. Reliance placed on Sudhir Vasudeva v. M. George Ravishekaran.
Ratio Decidendi
Contempt proceedings are not the appropriate remedy for recovery of money or enforcement of obligations not expressly directed in the judgment. The power to punish for contempt must be exercised with great care and caution, and cannot be used to fill gaps in the original directions. A prima facie finding of misappropriation in an inquiry report does not create a liability enforceable in contempt proceedings unless the judgment specifically directs payment.
Judgment Excerpts
Perusal of the Judgment shows that there is no discussion therein about the liability of the respondent nos.1 to 4 to pay any specific amount.
Even in this order, there is no direction issued to pay the money which has been allegedly misappropriated.
It cannot be said that as the respondents did not object to the report, they have accepted the liability to pay the amount of Rs.7,62,03,498/-.
Procedural History
The contempt petitions were filed in 2015. Notice was issued to the respondents. The Court directed an inquiry by the CID, which submitted a report in January 2020. The Court then directed lodging of a criminal case. Subsequently, the matter was heard for final disposal of the contempt petitions.
Acts & Sections
- Constitution of India: Article 129
- Contempt of Courts Act, 1971:
