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1988 Supreme(SC) 11

SUPREME COURT OF INDIA
M.M.Dutt : M.P.Thakkar
State Of Jammu And Kashmir
Versus
Sudhir And Company, Jammu
Case No. : 3405 of 1987
Date of Decision : 1/8/88

Headnote:

Contempt Laws – Violation of an interim order – Appeal is directed against an order passed in the course of contempt proceedings initiated against the officers of the appellant- State on the ground of alleged violation of an interim order passed by the learned Single Judge of the High court in CMP – Held, Interim order in question has been subjected to an LPA appeal to the division bench of the same High Court. – The division bench has passed an interim order in the course of the said LPA appeal. – It is not disputed that the appellants are bound to abide by the said interim order passed by the Division bench in CMP (LPA Writ) and will do so. – So far as the contempt proceedings arising out of the alleged contempt in the context of the earlier interim order passed by the learned Single Judge are concerned, in the circumstances of the case we think that ends of justice would be served if the said contempt proceedings are stayed till the final disposal of the LPA appeals pending before the Division bench. – Court direct accordingly. – Appeal Disposed of

(1) THIS appeal is directed against an order passed in the course of contempt proceedings initiated against the officers of the appellant- State on the ground of alleged violation of an interim order passed by the learned Single Judge of the High court in CMP No. 892 of 198 7/08/1987. The interim order in question has been subjected to an LPA appeal to the division bench of the same High Court. The division bench has passed an interim order in the course of the said LPA appeal. It is not disputed that the appellants are bound to abide by the said interim order passed by the Division bench in CMP (LPA Writ) Nos. 1903 and 1749 of 1987 dated 3/11/1987 and will do so. So far as the contempt proceedings arising out of the alleged contempt in the context of the earlier interim order passed by the learned Single Judge are concerned, in the circumstances of the case we think that ends of justice would be served if the said contempt proceedings are stayed till the final disposal of the LPA appeals pending before the Division bench. We direct accordingly. The present appeal stands disposed of in these terms with no order as to costs.

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