Contempt of court case vis-a-vis slp
B JANARDHANAN
(Querist) 22 November 2013
This query is : Resolved
Sir/madam,
1. On non-implementation of Div Bench Order/verdict of Hon'ble HC within specified time, the petitioner moved a Contempt Petition against all respondents (Senior GoI officials). The concerned dept challenging the said verdict could file a SLP seeking Stay ex-parte in the Apex Court only after the HC specified time has elapsed, and that too the SLP was found to be defective due to Error in Vakalatnama and lack of Memo of Appearance (as seen in the Case Status,www.courtnic.nic.in). In the mean time the HC petitioner has filed for caveat also.
2. Is there a possibility to rectify SLP defects with an add-on time, permissible if any, to tackle effectively the Contempt Case in HC? Or HC will proceed with Contempt Petition in question for personal appearance of the GoI officials with no further waiting for the fate of the SLP?
Kindly examine and advise me. Thanks. God Bless!
Devajyoti Barman
(Expert) 22 November 2013
Yes, defects can be rectified.
Since no stay is there, the high court can proceed with the contempt proceeding.
T. Kalaiselvan, Advocate
(Expert) 22 November 2013
In the absence of stay of the proceedings by the apex court with regard to the contempt proceedings, the high court may proceed with the same, however the defects, if found to be genuine, can be permitted to rectify.
B JANARDHANAN
(Querist) 23 November 2013
Thanks, sirs. God bless!
B JANARDHANAN
(Querist) 23 November 2013
Thanks, sirs. God bless!
