ORDER

1. These appeals arise out of a contempt petition wherein a Single Judge of the Madhya Pradesh High Court, Gwalior Bench, in his order dated 1-4-2003 has ordered an enquiry against some officials and members of the C M.P. State Electricity Board by the Central Bureau of Investigation and arrayed some senior members of the Board and others as contemnors as well.

2. The facts are as under: the respondent, Vijay Singh Sengar, a practising advocate at Jabalpur, filed a writ petition in public interest pointing out that patients in government hospitals were suffering great agony on account of unscheduled load shedding from 6.30 a.m. to 8.30 a.m. and 7.00 p.m. to 8.00 c p.m. and that the entire State was plunged into darkness taking the State back to the "stone age days". Along with the writ petition a large number of newspaper cuttings were also appended, to substantiate the pleas that had been raised. During the hearing of the petition several senior officers of the Board were summoned to Court including Mr. R.N. Mishra, the Chief Engineer (O&M).

3. It was also observed in an interim order made by the Court that the Board had undertaken to take all measures to supply electricity for street lights and that in a democratic set-up it was the responsibility of the State to maintain all essential services and the basic amenities of life. It was also observed that it was a matter of common knowledge that the absence of the power supply to government hospitals caused great discomfort, pain and constituted a danger to the patients who were admitted therein.

4. By an order dated 13-9-2001, a direction was accordingly given in the following terms:

"We, therefore, as an interim measure, direct Respondents 1 and 2 to maintain round the clock electricity supply in the government hospitals throughout the State. We further direct that the street lights shall be kept on throughout the State between sunset and sunrise. The above directions be carried out in letter and spirit forthwith, even at the cost of discontinuing with the scheduled load shedding as a whole with the only exception in the event of the Madhya Pradesh Electricity Board itself not getting the power supply, or 'grid failure' beyond their control. It is further being made clear that any breach of the above directions would be viewed seriously.

List for further orders on 27-9-2001.

Let a copy of this order be supplied to Shri Sanjay Seth, Additional Advocate General, today for necessary compliance."

5. It appears that a special leave petition was filed against the aforesaid order but the same was dismissed in view of the fact that the M.P. Electricity Regulatory Commission had passed certain effective orders and no orders were thus thought to be called from the Court. It appears that another public interest litigation was subsequently filed and an order was made on 17-3-2003 while issuing notice that "there shall be no power cut during night time until further orders".

6. Another petition was filed before the Indore. Bench, highlighting the difficulties being faced in the State due to interrupted supply of electricity by the Board and by an interim order officers of the M.P. Electricity Regulatory Commission were also directed to be present so that some method could be devised to reduce the rigour of the power cuts in force.

7. The matter was thereafter adjourned time and again to see if the directions given by the Court from time to time were effectively complied with. It was also observed during the course of the proceedings before the Indore Bench that the Court could not be a mere spectator to the miseries being felt by the public and that the arguments made on behalf of the staff, Board and State agencies that the Court could not interfere in policy matters, could be ignored as it was the bounden duty of the Court to ensure the welfare of the State citizens.

8. The Court accordingly observed that it appeared that the officials of the Electricity Board and the Regulatory Commissio