THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
CONTEMPT CASE NO.2286 OF 2014
ORDER:
This Contempt Case is filed under Sections 10 to 12 of the
Contempt of Courts Act, 1971 (for short "the Act") with a request
to summon the respondents and punish them for intentionally
violating the order of this Court in W.P.No.7101 of 2014 dated
20.03.2014.
The order passed by this Court is as follows:-
"It is therefore clear that it is only on apprehension, the petitioner approached this Court and hence no intervention by this Court, is warranted".
The respondents filed detailed counter affidavit but the
allegation made in the counter affidavit are not required to be
considered by this Court, in view of the peculiar circumstances.
The word contempt is defined under Section 2 (a) of the
Act, which includes Civil Contempt or Criminal Contempt.
Clause 2 (b) of the Act, defines Civil Contempt, it means wilful
disobedience to any judgment, decree, direction, order, writ or
other process of a Court or wilful breach of an undertaking
given to a Court.
So there must be an order to describe the Act of the
respondents/contemnors as a Civil Contempt and there must be
a wilful disobedience of any judgment, decree, direction, order,
writ or other process of a Court or wilful breach of an
undertaking given to a Court. But, here the writ petition was
dismissed on the ground that it is only an apprehension of the petitioner who approached the Court. Therefore, absolutely
there is no order and thereby question of violation of such
direction or order etc., does not arise as defined under Section
2(b) of the Act.
Therefore, prima facie the Contempt Case itself is not
maintainable and consequently the Contempt Case is closed.
There shall be no order as to costs.
The miscellaneous petitions pending, if any, shall also
stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 02.05.2022
PGT THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
CONTEMPT CASE NO.2286 OF 2014
Date: 02.05.2022
PGT
