Contempt Action Can Be Taken Only In Respect Of Established Willful Disobedience Of Court Order, Says SC

WHAT DID THE COURT SAY

• An action of Contempt of Court can only be taken when there is ‘willful disobedience’ of Court orders.
• The word ‘willful’ shows the intentional, conscious, and deliberate act of a person committing Contempt of Court.
• It does not take into account causal, accidental and unintentional acts.
• In an action for Contempt of Court, the act in question has to be done with a deliberate purpose, or with malicious intent, or with the full knowledge of the consequences of such an act.
• It is not the same as committing an act negligently, or involuntarily.
• Even if there was disobedience of an order, if the Contemnor is able to prove that such disobedience was a result of circumstances which prevented the following of the order, the Contemnor would not be punished.

WHAT WAS THE CASE ABOUT

• The case in question was Abhishek Kumar Singh V. G. Pattanaik.
• The Bench consisted of Justice A M Khanwilkar and Justice B R Gavai.
• The Court gave the above observations during discharge of show-cause notice issued to authorities.
• Uttar Pradesh Jal Nigam had terminated the recruitment of the petitioners.
• This was rejected by the Allahabad High Court which directed the Respondents to permit the Petitioners to work and give salaries as and when it would accrue to them.
• This was upheld by the Supreme Court as well.
• The Respondents re-hired the Petitioners but refused to pay arrears to them.

RATIONALE BEHIND THE DECISION

• Contempt petitions were filed against the Respondents for not upholding the Order of the Court.
• The Supreme Court, however, explained that no explicit orders were given to grant employment and give wages to the Petitioners.
• It was hence not a wilful disobedience of the Court’s decisions.
• The Court however granted the Petitioners permission to approach the High Court for redressal under Article 226 of the Constitution.

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