contempt of court
Anand Bala
(Querist) 20 June 2011
This query is : Open
Union of India (UOI) moved the court for declaration of title and possession of a land owned by X. The land is situated within the boundary of Secunderabad Cantonment.
As UOI lost their case in the trial court and again their appeal was disallowed by the first additional chief judge,they closed the road leading to the land citing reference to security reasons. The X has no other access.
As no such restriction to the free movement on the road (Articles 19 & 21 of our Constitution) was imposed in the past, it seems reasonable to assume that UOI have done this purposely.
Though it was UOI appeal,where X was only respondents, can X make an Interim application to the same court for civil contempt for willful disobedience, interference or tend to interfere with, or obstruct or tends to obstruct, the administration of the judgment pronounced by the Honorable I Additional Chief Judge on 18th January 2011.
Further,the road is within the boundary of cantonment and subject to Cantonment Act 2006 and closing of roads under Section 258 is the duty and responsibility of the SCB. But the roads were closed by nominated Board members from the Army by their unilateral decision,contravening the Section 258. All elected Board members of the SCB, representatives of public, requested the General Commanding Officer of the Army (nominated President for the Secunderabad cantonment Board) to open these roads but unfortunately, he turned turned his deaf ears. Other 3 nominated Board members from the Army were also silent.The issue was referred in the local daily news papers.
This amounts to nominated Board members' irregular action in exercise of a statutory power or otherwise that are not consistent with or in accordance with the rules and procedures as stipulated in the cantonment Act 2006. They being the Public servants as per Section 36 of the Cantonment Act 2006 and as per Section 21 of Indian Penal Code, can X hold these nominated Board members from Army individually liable under Public Servants' Personal Liability Act 2006 for compensation.
will be grateful for your help and a quick response will be much appreciated as not only X is suffering but also all public including children going to schools are affected by this road closure.
