DATE OF ORDER:
7th June 2021
JUDGE:
Justice Abdul Moin
PARTIES:
Syed Amjad Husain (Applicant)
Navneet Sahgal & Anr (Respondent)
SUBJECT
The court was concerned that while affecting the service of the notice, due care to the rules is not taken. It directed all District Judges subordinate to the High Court regarding the same.
OVERVIEW
- Syed Amjad Husain filed a contempt petition for non-compliance of the judgment and order dated 7th December 2020 passed by the Court in Syed Amjad Hussain Vs. The State of U.P. and others.
- The order directed the respondents to allow the petitioner to continue as Joint Director in the Information Department. And they shall pay him salary and allowances accordingly.
- The counsel for the state government informed the court that they have not received any direction from the office of the two officers so far.
LEGAL PROVISIONS
- Section 23 of the Contempt of Court Act, 1971- Power of the Supreme Court and High Courts to make rules
ANALYSIS OF AN ORDER
- The Allahabad High Court has summoned the Additional Chief Secretary and Director of the Information Department of UP, for not complying with the court’s order
- The respondent shall file an affidavit stating
a) Reason why the instructions have not been sent to the office of the learned Chief Standing Counsel
b) Reason for not compiling the order passed by the Writ Court.
c) Reason for why action should not be taken against them for deliberate and willful disobedience and defiance of the order
- Rule 6 under Section 23 of the Contempt of Court Act, 1971 provides that where an order has been passed directing that a notice be issued to any person to state as to why he/she should not be punished for contempt of court. The date of the hearing shall be fixed and given to them.
- The Registrar General of the court directed all the learned District Judges that care should be taken of Rule 6 of the Rules.
- The court held that contempt court notices shall be served on the alleged contemnor and not in his office or upon his orderly or any officer attached to the alleged contemnor.
- It was also held that in case the officer providing service finds any difficulty in service of the contempt notice, then he should mention the facts in the notice itself. The officer shall also inform the court regarding the same.
- A copy of the order was sent to all the District Judges subordinate to the High Court.
CONCLUSION
Any willful disobedience to, or disrespect for, a court order, is considered contempt of court. It can also be used to describe an activity that prevents a judge's ability to deliver justice. A Conviction for contempt of court can result in a fine, imprisonment, or both.
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