The Single Judge Bench of the Patna High Court, comprising Justice P.B. Bajanthri in the case of Jai Prakash Mishra v. The State of Bihar and Others has initiated contempt proceedings against The Secretary and Joint Secretary, Law Department, Government of Bihar for disobeying the order of the Court to reappoint the Public Prosecutor.
Reasoning and Decision of the Court
The Court considered the facts of the case and expounded that no efforts have been made to list review petition on behalf of the State/Office of the Advocate General.
The Court further expounded that the State Government is committing contempt in not executing the order dated 21.12.2021. Even assuming that the order dated 21.12.2021 is recalled in the review petition still the intervening period from 21.12.2021 with reference to stipulated time the contempt is being committed.
The Court referred to Halsbury view on Contempt that “The Breach of an undertaking given to the Court on the faith of which the Court sanctions a particular course of action or inaction is misconduct amounting to contempt. So also is disobedience of an injunction order of Court”
Therefore, the Court held that the Secretary and Joint Secretary, Law Department, Government of Bihar shall be present in the Court to face contempt petition. So long as there is an order of the Court which requires compliance not only by parties but even third parties were not parties to the proceeding but have knowledge of the same they should be liable for contempt for disobedience of such order or obstructing execution of the same whether the order is valid or irregular unless order is stayed by a competent Court till it is stayed it has to be obeyed.
The Court re-listed the matter 31.03.2022 for next hearing.
Case Details
Case: - Civil Writ Jurisdiction Case No.284 of 2020
Petitioner: - Jai Prakash Mishra
Respondent: - The State of Bihar and Others
Judge: Justice P.B. Bajanthri
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