Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Court - Willful and deliberate violation of order of Supreme Court and obstruction in administration of justice - Cancellation of bail of respondent-accused |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Contempt of Court - Willful and deliberate violation of order of Supreme Court and obstruction in administration of justice - Cancellation of bail of respondent-accused by Supreme Court order dated 24.10.2013 - Despite multiple non-bailable warrants issued by trial court respondent-accused could not be arrested - Contempt 0 petition filed - Respondent-accused failed to enter appearance despite service of notice - Senior Superintendent of Police (SSP) on being asked by the Court, stated in his affidavit that as per the statement of the son of the accused he was admitted in a hospital and also produced Medical Certificate dated 7.2.2015 - The Court E directed personal appearance of SSP and Medical Director of the Hospital - The Court further directed enquiry as to whether the accused continued to avoid arrest and escaped with or without the help of the ho~pital - As per Enquiry Report the accused remained admitted in the hospital for a total 527 days on three occasions viz. F From 15.11.2013 to 25.12.2013, from 31.12.2013 to 9.4.2014, and from 11.4.2014 to 1.5.2015 - The Court further issued notice to the Managing Director of the hospital - Held: In the facts of the case, it is evident that the prolonged admission without any justifiable medical reason till action was taken by the Court, in contempt jurisdiction, was essentially to defeat the order dated 24.10.2013 G passed by Supreme Court and repeated non-bailable warrants issued by the trial court - The accused, by disobeying the order of the Court is liable for committing civil contempt and by defiance of the order so passed has obstructed administration of justice and thus further liable for criminal contempt - Hospital was the party to the attempts on part of the accused to defeat the order passed by theCourt by providing protection and asylum to the accused and thereby obstructed administration of justice - Therefore, the Medical Director and the Managing Director of the hospital are liable for contempt of court - However, one more opportunity is given to all three contemnors - The conduct exhibited by concerned police officials in not ensuring compliance of orders passed by trial court calls for strict administrative action - The Court expressed dissatisfaction regarding the conduct of the SSP. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2016 INSC 1151 |
Petitioner | Sita Ram |
Respondent | Balbir @ Bali . |
SCR | [2016] 8 S.C.R. 984 |
Judgement Date | 2016-12-15 |
Case Number | 374 |
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