IMPORTANT POINT
Probabilities of situation in this contempt application may warrant a finding in favour of both the parties. The doubt as to alleged violation persists and as such its benefit ought to go to the alleged contemners.

Headnote:Contempt of Courts Act, 1971-SLP under Article 136 of Constitution-Interim orders by which Court directed maintenance of status quo-Violation of-Not proved beyond reasonable doubt-Order violation pointing out mere probabilities-Case of doubt-Benefit ought to go to the person charged-No question to see apology-Contempt petition dismissed-Case Law discussed.
Held : Having discussed the law on the subject, let us thus at this juncture analyse as to whether in fact, the contempt alleged to have been committed by the alleged contemners, can said to have been established firmly without there being any element of doubt involved in the matter and that the Court would not be acting on mere probabilities having however, due regard to the nature of jurisdiction being quasi criminal conferred on to the law courts. Admittedly, this Court directed maintenance of status quo with the following words - "the members of the petitioner Sangha who were before the High Court in the writ petition out of which the present proceedings arise . And it is on this score the applicant contended categorically that the intent of the Court to include all the members presenting the Petition before this Court whereas for the Respondent Mr. Ray contended that the same is restricted to the members who filed the writ petition before the High Court which culminated in the initiation of proceeding before this Court. The Counter affidavit filed by the Respondents also record the same. The issue thus arises as to whether the order stands categorical to lend credence to the answers of the respondent or the same supports the contention as raised by the applicants herein - Incidentally, since the appeal is pending in this Court for adjudication, and since the matter under consideration have no bearing on such adjudication so far as the merits of the dispute are concerned, we are not expressing any opinion in the matter neither we are required to express opinion thereon, excepting however, recording that probabilities of the situation may also warrant a finding, in favour of the interpretation of the applicant. The doubt persists and as such in any event the respondents being the alleged contemners are entitled to have the benefit or advantage of such a doubt having regard to the nature of the proceeding as noticed herein before more fully. In view of the observations as above, we are not also inclined to go into the question of apology. On the wake of the aforesaid, this Contempt Petition fails and is dismissed without however, any order as to costs. (Paras 18, 19 and 20)

JUDGMENT

Banerjee, J.-The introduction of the Contempt of Courts Act, 1971 in the statute book has been for purposes of securing a feeling of confidence of the people in general for due and proper administration of justice in the country. It is a powerful weapon in the hands of the law courts by reason wherefor it must thus be exercised with due care and caution and for larger interest.

2. Incidentally, a special leave petition (1416/1997) was filed before this Court by Paschim Banga Rajya Bhumijibi Sangh against the judgment of the Calcutta High Court pertaining to the question of constitutionality of certain provisions of West Bengal Land Reforms Amendment Acts 1981 and 1986. The said Sangha filed an Interlocutory Application being I.A.No.3 of 1999 for issuance of certain directions which inter alia reads as below:

"(a) direct the State of West Bengal and its Revenue Authorities not to initiate any proceedings for vesting of the land against the members of the Petitioner Sangha and if any vesting proceeding has been already initiated against the members of the Petitioner Sangha in that event not to pass any order and maintain status-quo in respect of the land in question in all respect till the disposal of the Special Leave Petition (Civil) No.1416 of 1997 pending before this Hon ble Court or in alternative clarify that the order dated 20.3.1998 as quoted in paragraph 19-20 will apply only to the parties thereto and not to the members of the Petitioner No.1 Sangha."

3. The Interlocutory Application was heard on 29th October, 1999 and this Court was pleased to pass an order therein to the following effect:

"At the request of Learned counsel for the Applicants four weeks time is granted to enable him to put on record appropriate information regarding members of the Sangha for whom the application is moved and the nature of the stay required.

In the meantime Learned Counsel for the Respondent will also take appropriate instructions in connection with this I.A."

4. Subsequently on 16th December, 1999, this Court in I.A.No.3 passed an interim order to the effect as below:

Having heard Learned counsel for the parties, by way of an interim order, it is directed that status-quo regarding possession on spot shall be maintained by both the sides in connection with the members of the Petitioner-Sangha who were before the High Court in the Writ Petition out of which the present proceedings arise. (Emphasis supplied)

In the meantime, learned senior counsel for the respondent-State of West Bengal will verify the list of these members. (Emphasis supplied) which is furnished to him by Learned Counsel for the Petitioner and subject to that verification further orders will be passed after three months.

To be placed after three months."

5. In the application (I.A.No.3) a further order was passed on 17th April, 2000 which reads as below:

"We have heard learned senior counsel for the Petitioners, Mr. Shanti Bhushan and Learned Senior Counsel for respondent-State of West Bengal, Mr. Ray, Learned Senior Counsel for respondent-State of West Bengal is right when he says that some more time is required as 13,000 persons are listed and they have to ascertain about their existence on the spot. We grant time up to the end of July, 2000. I.A. will be placed in the second week of August, 2000. In the meantime, at the request of Learned Counsel for the Petitioners, Mr. Shanti Bhusan we grant additional interim relief in continuation of our earlier order dated 16.12.1999 to the effect that if in the meantime, any vesting orders have been passed in respect of the lands of members of Petitioner - Sangha who were before the High Court in the matter out of which the present proceedings arise, then those vesting orders shall not be implemented until further orders.

6. It is this order which is said to have been violated and thus bringing the orders of this Court into ridicule. The factum of violation is said to have been deliberate since in spite of the order as

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2001 Supreme(SC) 489

IMPORTANT POINTProbabilities of situation in this contempt application may warrant a finding in favour of both the parties. The doubt as to alleged violation persists and as such its benefit ought to go to the alleged contemners.

Cases Referred (4)

IMPORTANT POINT
Probabilities of situation in this contempt application may warrant a finding in favour of both the parties. The doubt as to alleged violation persists and as such its benefit ought to go to the alleged contemners.