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2018 Supreme(SC) 106
SUPREME COURT OF INDIA
R.K. AGRAWAL, ABHAY MANOHAR SAPRE, JJ.
Ajayinder Sangwan and Ors. – Petitioner(s)
Versus
K.K. Mohan – Respondent(s)
CONTEMPT PETITION (C) NO. 565 OF 2018 IN TRANSFERRED CASE (CIVIL) NO. 126 OF 2015
Decided On : 05-02-2018
The Court's decision was based on the just and proper election schedule finalized by the Bar Council of India, leading to the dismissal of the contempt petition.
Headnote:
Contempt of Courts Act 1971 - Alleged willful disobedience of Court's order - BCI Election Schedule
Fact of the Case:
The petition was filed seeking initiation of contempt proceedings against the Bar Council of India (BCI) for alleged willful disobedience of the Court's order regarding the election schedule.
Finding of the Court:
The Court found that the BCI had finalized the election schedule for State Bar Councils, and deemed it just and proper. Consequently, the Court dismissed the contempt petition, stating that no case had been made out to initiate contempt proceedings against the BCI.
Issues: Alleged willful disobedience of Court's order, initiation of contempt proceedings
Ratio Decidendi: The Court's decision was influenced by the fact that the BCI had finalized a just and proper election schedule for State Bar Councils, leading to the dismissal of the contempt petition.
Final Decision: The contempt petition against the Bar Council of India was dismissed.
ORDER
R.K. Agrawal, J.
1) This petition has been filed by the present applicants seeking initiation of proceedings under the Contempt of Courts Act 1971, for alleged willful disobedience of this Court’s order dated 14.12.2017, 2017(0) Supreme(SC) 1228 along with orders dated 23.08.2017, 2017(0) Supreme(SC) 776 and 24.11.2017 passed in Transferred Case (C) No. 126 of 2015, 2017(0) Supreme(SC) 1229.
2) In the application for directions filed on behalf of the Bar Council of India (BCI) on 23.01.2018, we find that the BCI has finalized the schedule for election in respective State Bar Councils. Further, we are of the opinion that the election schedule as finalized by the BCI is just and proper.
3) In view of the above, we are of the considered opinion that no case has been made out to initiate contempt proceeding against the BCI. The contempt petition is hereby dismissed.
