10 Feb 2024 5:30 AM GMT
Recently, the Supreme Court has observed that a mere delay in complying with the order of the court would not amount to committing contempt of court.
“We are of the view that mere delay in complying with the order, unless there is a deliberate or wilful act on the part of the alleged contemnors would not attract the provisions of Contempt of Courts Act.” the bench of Justices B.R. Gavai, Sudhanshu Dhulia, and Sandeep Mehta observed.
The aforesaid observation of the court came while deciding a plea of an IAS officer, who was convicted by the High Court for willful and deliberate violation of the order of the court. The court has imposed a Rs. 500/- fine as a punishment.
It is worthwhile to mention that the order of which contempt was alleged was complied with but there was a delay in compliance of the same.
However, the High Court in the order observed that in the absence of any explanation for the delay, it would amount to a wilful and deliberate violation of the order of the Court.
Challenging the order of the High Court, the officer has preferred a Civil Appeal before the Supreme Court.
Terming the proceedings under the Contempt of Courts Act as quasi-judicial proceedings, the court held that unless there is a deliberate or willful act being committed by the contemnors while complying with the order of the court, the mere delay in complying with the same would not attract the provisions of the Contempt of Courts Act.
“The proceedings under the Contempt of Courts Act are quasi-judicial in nature and therefore as the Court comes to a conclusion that the act was neither deliberate or wilful, it could not have convicted the appellants for Contempt of Courts Act.”
Accordingly, the court allowed the appeal of the officer and set aside the impugned order of the High Court.
Case : SRI L.V. SUBRAHMANYAM, IAS, PRINCIPAL SECRETARY, MEDICAL AND HEALTH DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH VERSUS THE REGISTRAR GENERAL, HIGH COURT OF JUDICATURE AT HYDERABAD, FOR THE STATE OF TELANGANA AND FOR THE STATE OF ANDHRA PRADESH & ANR.
CIVIL APPEAL NOS. 1644-1645/2024 @ SLP(C) Nos. 25880-25881/2015
Citation :2024 LiveLaw (SC) 104