Case Note & Summary
The complainant, B K Srinivasa, filed a contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, alleging willful disobedience of an interim order dated 19.12.2019 passed by a learned Single Judge in WP No.9582/2019. The interim order had granted parity of treatment to the petitioner based on an order in WP No.14151/2019. However, the writ petition was subsequently dismissed on 10.02.2020. The contempt petition was filed on 10.03.2020. The court heard the matter and examined the records. The court noted that the interim order dated 19.12.2019 was an interim order which stood merged with the final order dismissing the writ petition. The court held that the interim order had lapsed and was not subsisting on the date of filing of the contempt petition. The court further held that filing a contempt petition does not revive a lapsed interim order. The court dismissed the contempt petition, observing that no contempt proceedings can be initiated for disobedience of an order that is no longer in force. The court also noted that the complainant had not challenged the dismissal of the writ petition and that the contempt petition was filed after the dismissal.
Headnote
A) Contempt of Court - Willful Disobedience - Interim Order - Lapsed Order - The complainant alleged willful disobedience of an interim order dated 19.12.2019 in WP No.9582/2019. The court held that the interim order had lapsed as the writ petition was dismissed on 10.02.2020, and no contempt can be initiated for disobedience of a lapsed order. The court also noted that the contempt petition was filed on 10.03.2020, after the dismissal of the writ petition. (Paras 1-3) B) Contempt of Court - Revival of Lapsed Order - Filing of Contempt Petition - The court held that filing a contempt petition does not revive a lapsed interim order. The order dated 19.12.2019 was an interim order which stood merged with the final order dismissing the writ petition. Therefore, no contempt proceedings can be continued. (Paras 3-4)
Issue of Consideration
Whether the accused has willfully disobeyed the interim order dated 19.12.2019 passed in WP No.9582/2019, and whether contempt proceedings can be initiated when the interim order has lapsed.
Final Decision
The contempt petition is dismissed. The court held that the interim order dated 19.12.2019 had lapsed as the writ petition was dismissed on 10.02.2020, and no contempt proceedings can be initiated for disobedience of a lapsed order. Filing a contempt petition does not revive the lapsed interim order.
Law Points
- Contempt of Courts Act
- 1971
- Section 11
- Section 12
- Article 215 of Constitution of India
- Willful disobedience
- Interim order lapsed
- Contempt proceedings not to revive lapsed orders
