Case Note & Summary
The petitioners filed a contempt petition alleging that the respondent, Shri Gopal Jha, Under Secretary in the Ministry of Home Affairs, willfully disobeyed the court's order dated 03.02.2015 passed in Writ Petition No.639/2014. The order directed the respondent to dispose of the petitioners' application dated 23.12.2013 under Section 9(2) of the Citizenship Act, 1955. The respondent conceded non-compliance in affidavits dated 20.12.2016 and 16.02.2017, tendering unconditional apology and explaining reasons for the delay. The court, after hearing both sides, accepted the apology and disposed of the contempt petition, directing the respondent to comply with the order within four weeks. The court did not impose any punishment, considering the apology and the respondent's undertaking to comply.
Headnote
A) Contempt of Court - Non-Compliance of Order - Apology - The respondent, an Under Secretary, failed to comply with the court's order dated 03.02.2015 to dispose of the petitioners' application under Section 9(2) of the Citizenship Act, 1955 within the prescribed period. The respondent tendered unconditional apology in affidavits dated 20.12.2016 and 16.02.2017, explaining reasons for non-compliance. The court accepted the apology and disposed of the contempt petition, directing compliance within four weeks. (Paras 1-3)
Issue of Consideration
Whether the respondent committed contempt of court by failing to comply with the court's order dated 03.02.2015 directing disposal of the petitioners' application under Section 9(2) of the Citizenship Act, 1955 within the prescribed period.
Final Decision
The court accepted the respondent's apology and disposed of the contempt petition, directing the respondent to comply with the order dated 03.02.2015 within four weeks from the date of the judgment.
Law Points
- Contempt of court
- apology
- compliance with court orders
- Section 9(2) Citizenship Act
- 1955
Case Details
Contempt Petition No. 21/2016 in Writ Petition No. 639/2014
Anoop V. Mohta, Nutan D. Sardessai
Shri D.J. Pangam for petitioner, Shri M. Amonkar for respondent
Mrs. Suhasini S. Govenkar, Mrs. Shital S. Dabholkar, Mr. Sandeep P. Chomulkar
Shri Gopal Jha, Under Secretary, Government of India, Ministry of Home Affairs
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Contempt petition for non-compliance of court order
Remedy Sought
Petitioners sought action against respondent for willful disobedience of court order dated 03.02.2015 directing disposal of their application under Section 9(2) of the Citizenship Act, 1955
Filing Reason
Respondent failed to dispose of the petitioners' application within the prescribed period despite court order
Previous Decisions
Writ Petition No.639/2014 was disposed of on 03.02.2015 with direction to respondent to dispose of the application dated 23.12.2013 under Section 9(2) of the Citizenship Act, 1955
Issues
Whether the respondent committed contempt of court by failing to comply with the order dated 03.02.2015 within the prescribed period
Submissions/Arguments
Petitioners argued that respondent willfully disobeyed the court order
Respondent conceded non-compliance and tendered unconditional apology, explaining reasons for delay
Ratio Decidendi
An unconditional apology for non-compliance of a court order, when accepted by the court, can lead to disposal of contempt proceedings without punishment, provided the contemnor undertakes to comply with the order within a specified period.
Judgment Excerpts
The petitioners have taken out Contempt Petition, as in-spite of the specific order to dispose off the application dated 23.12.2013 under Section 9(2) of the Citizenship Act, 1955, which the respondent for the reasons specially stated in the affidavit dated 20th December, 2016 and by tendering apology at paragraph 11 and affidavit dated 16.2.2017 in paragraph no. 1 conceded that they could not comply in prescribed period.
In view of the above, we accept the apology and dispose of the Contempt Petition. The respondent is directed to comply with the order dated 03.02.2015 within four weeks from today.
Procedural History
The petitioners filed Writ Petition No.639/2014 which was disposed on 03.02.2015 directing the respondent to dispose of their application under Section 9(2) of the Citizenship Act, 1955. The respondent failed to comply, leading to the filing of Contempt Petition No.21/2016 on 20.12.2016. The respondent filed affidavits on 20.12.2016 and 16.02.2017 tendering apology and explaining reasons for non-compliance. The court heard the matter and delivered judgment on 14.03.2017.
Acts & Sections
- Citizenship Act, 1955: Section 9(2)
