ARIJIT PASAYAT, S. H. KAPADIA, Y. K. SABHARWAL
T. N. Godavarman Thirumalpad Through The Amicus Curiae – Appellant
Versus
Ashok Khot – Respondent
The court held that both the contemnors, being high-ranking officials, deliberately and brazenly disobeyed the court’s clear and binding orders, which mandated the closure of all unlicensed veneer and plywood industries and required prior permission from the Central Empowered Committee before any industry could be permitted to operate (!) (!) .
The evidence demonstrated that the officials were fully aware of the court’s directives but chose to grant permissions to certain units, thereby intentionally flouting the orders. Their actions were not accidental or due to oversight but were carried out with a guilty mind or mens rea, with the purpose of favoring specific industry units and evading enforcement (!) (!) .
Furthermore, the court found that the officials manipulated official records by interpolating notes and inserting false entries, which were aimed at justifying their actions and concealing their disobedience. Such record manipulations were deliberate acts of misconduct, intended to mislead the court and undermine the authority of the judiciary (!) (!) (!) .
The officials claimed to have acted in good faith, relying on advice from high-level bureaucrats and committees. However, the court rejected these explanations as false and unconvincing, noting that internal records and notes clearly indicated that the officials were aware of the orders and intentionally ignored them. Their claims of bona fide belief were found to be a cover for their conscious disobedience (!) (!) .
The court emphasized that such acts constitute willful disobedience of judicial orders and a breach of the rule of law, which is fundamental to the functioning of a democratic society. Their conduct has disrespected judicial authority and obstructed the administration of justice, thereby undermining the dignity of the judiciary (!) (!) .
Given the gravity of their misconduct, the court concluded that severe punitive action was warranted. Despite the officials’ unconditional apologies, the court underscored that their acts posed a serious threat to the rule of law and the authority of the judiciary. Therefore, it imposed custodial sentences of one month each on both contemnors to serve as a deterrent and to uphold the integrity of the judicial system (!) .
In sum, the court found that the contemnors’ actions were deliberate, motivated by an intent to disobey court orders, and involved manipulation of official records, which collectively justified the imposition of severe punishment to reinforce the authority of the judiciary and deter future contemptuous conduct.
JUDGMENT
Arijit Pasayat, J.—The “King is under no man, but under God and the law” - was the reply of the Chief Justice of England, Sir Edward Coke when James-I once declared “Then I am to be under the law. It is treason to affirm it” - so wrote Henry Bracton who was a Judge of the King’s Bench.
2. The words of Bracton in his treatise in Latin “quod Rex non debat esse sub homine, sed sub Deo et Lege” (That the King should not be under man, but under God and the law) were quoted time and time again when the Stuart Kings claimed to rule by divine right. We would like to quote and requote those words of Sir Edward Coke even at the threshold.
3. In our democratic polity under the Constitution based on the concept of ‘Rule of law’ which we have adopted and given to ourselves and which serves as an aorta in the anatomy of our democratic system. THE LAW IS SUPREME.
4. Everyone whether individually or collectively is unquestionably under the supremacy of law. Whoever he may be, however, high he is, he is under the law. No matter how powerful he is said how rich he may be.
5. Disobedience of this Court’s order strikes at the very root of the rule of law on which the judicial system rests. T
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