Allahabad High Court
Shatrughan Yadav vs Apurva Dubey,D.M. on 13 July, 2022
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2001 of 2022
Applicant :- Shatrughan Yadav
Opposite Party :- Apurva Dubey,D.M.
Counsel for Applicant :- Phool Singh Yadav
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the applicant.
This contempt application has been filed for punishing the opposite party for wilful disobedience of the order dated 15.11.2021 passed in Writ- C No. 34688 of 2019.
It is contended by learned counsel for the applicant that the writ Court while disposing of the writ petition directed the applicant to move a fresh application for grant of firearm license. The Court made it clear that application for grant of firearm license shall not be rejected on the ground which was taken in the order impugned in the said writ petition. According to applicant counsel, the authorities on 17.01.2022 had rejected the application for grant of firearm license on the same ground on which the grant of firearm license was rejected.
I have heard learned counsel for the applicant and perused the material on record.
This Court finds that the order of writ Court was to the extent to consider the application for grant of license in case fresh application was moved. However, the Court had made observation that the application was to be considered afresh without coming under influence by earlier order and it was not to be rejected under ground which was under challenge in the said writ petition.
The Apex Court in Dr. U.N. Bora, Ex. Chief Executive Officer and others Vs. Assam Roller Flour Mills Association and another 2022 (1) SCC 101 has held that the Court exercising contempt jurisdiction under Section 12 shall not deal with the fact which has not been considered by the Court of whose contempt is alleged. The Court further held that no roving and fishing enquiry shall be done by contempt court. Relevant para 8 of the judgment is extracted hereasunder:-
"8. We are dealing with a civil contempt. The Contempt of Courts Act, 1971 explains a civil contempt to mean a wilful disobedience of a decision of the Court. Therefore, what is relevant is the "wilful" disobedience. Knowledge acquires substantial importance qua a contempt order. Merely because a subordinate official acted in disregard of an order passed by the Court, a liability cannot be fastened on a higher official in the absence of knowledge. When two views are possible, the element of wilfulness vanishes as it involves a mental element. It is a deliberate, conscious and intentional act. What is required is a proof beyond reasonable doubt since the proceedings are quasi-criminal in nature. Similarly, when a distinct mechanism is provided and that too, in the same judgment alleged to have been violated, a party has to exhaust the same before approaching the court in exercise of its jurisdiction under the Contempt of Courts Act, 1971. It is well open to the said party to contend that the benefit of the order passed has not been actually given, through separate proceedings while seeking appropriate relief but certainly not by way of a contempt proceeding. While dealing with a contempt petition, the Court is not expected to conduct a roving inquiry and go beyond the very judgment which was allegedly violated. The said principle has to be applied with more vigour when disputed questions of facts are involved and they were raised earlier but consciously not dealt with by creating a specific forum to decide the original proceedings."
Considering the facts and circumstance of the case, I find that no contempt is made out under Section 12 of Contempt of Courts Act, 1971 and the proper remedy for applicant is to approach the appropriate forum assailing the order dated 17.01.2022 rejecting his application for grant of firearm license as the Arms Act, 1959 provides for specific remedy against refusal of grant of firearm license.
Contempt application is not maintainable and is hereby dismissed.
Order Date :- 13.7.2022
V.S.Singh
