Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Courts Act Civil Contempt |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Contempt of Courts Act, 1971:s. 2(b) - Civil contempt - Order of Supreme Court restraining political parties from proceeding with the call for bandh in State - Allegation of willful disobedience of directions by Chief Secretary of State and other officers - Held: Cannot per se be held guilty of contempt - Language of restraint order unambiguous - Prohibitive injunction was explicitly directed against political parties and not against government officials - No directions issued to them to take specific steps with regard to calf for bandh - No evidence produced to show that transport services did not operate at all due to action of government officials - More so, they took all necessary steps for preventing any disruption of public services and inconvenience to general public - Constitution of India, 1950 - Article 129.s. 2(b) - Civil contempt- Call for bandh in State - Order of Supreme Court restraining political parties from calling for bandh - Pursuant thereto, withdrawal of bandh by Chief Minister - Allegation that CM guilty of contempt as Government did not issue written instructions to officers for maintaining essential services and normal public life and his party workers coerced people to close commercial and business establishments - Held: Not sustainable - Except newspaper reports no material to show that CM directly or indirectly encouraged party members to enforce call for bandh.s. 2(c) - Criminal contempt - A/legation that Union Minister made unwarranted remarks to scandalize judiciary in general and order of Supreme Court restraining bandh in general - Held: Charges cannot be framed against him - No legally admissible evidence produced to prove the contents of speech allegedly made by the Minister - Material produced was only in form of zerox copies of newspapers and tape edited version of speech telecasted on T. V. Evidence - Tape reordered version - Admissibility of.The question which arose for consideration in these contempt petitions are whether respondent no. 1 to 5 o willfully disobeyed order dated 30.09.2007 passed by this Court in SLP and thereby made themselves liable to be proceeded against under the Contempt of Courts Act, 1971 read with Article 129 of the Constitution of India and whether respondent no. 6 is guilty of criminal contempt E within the meaning of section 2(c) of the Act. |
Judge | Hon'ble Mr. Justice G.S. Singhvi |
Neutral Citation | 2009 INSC 451 |
Petitioner | All India Anna Dravida Munnetra Kazhagam |
Respondent | L.k. Tripathi And Others |
SCR | [2009] 6 S.C.R. 583 |
Judgement Date | 2009-04-01 |
Case Number | 18879 |
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