Contempt Proceedings- Contemnor Held High Position-Deserve Stringent Punishment

By Advocate Vikrant Pratap Singh Rajawat

This is a case where not only right from the beginning attempt has been made to overreach the orders of this Court but also to draw red-herrings. Still worse is the accepted position of inserting a note in the official file with oblique motives. That makes the situation worse. In this case the contemnors deserve severe punishment. This will set an example for those who have propensity of dis-regarding the court’s orders because of their money power, social status or posts held. Exemplary sentences are called for in respect of both the contemnors. Custodial sentence of one month simple imprisonment in each case would meet the ends of justice. It is to be noted that in Re: Sri Pravakar Behera (Suo Motu C.P. 301/2003 dated 19.12.2003) (2003 (10) SCALE 1126), this Court had imposed costs of Rs.50,000/- on a D.F.O. on the ground that renewal of license was not impermissible in cases where licenses were issued prior to this Court’s order dated 4.3.1997. That was the case of an officer in the lower rung. Considering the high positions held by the contemnors more stringent punishment is called for, and, therefore, we are compressing custodial sentence.

Court
Supreme Court Of India
Appellant
T. N. Godavarman Thirumulpad Through the Amicus Curiae
Respondent
Ashok Khot and Anr
judge name
Bench: Cji, Arijit Pasayat, S.H. Kapadia
Case_no
CASE NO.: Contempt Petition (civil) 83 of 2005
Dated
2006-05-10

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