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2005 Supreme(SC) 1958

SUPREME COURT OF INDIA
B.N. Agrawal, A.K. Mathur, JJ.
Gurmeet Singh - Petitioner
Versus
Dhirendra Kumar - Respondent
IA No. 2 in SLP(C) No. 6831 of 2005 with IAs Nos. 1-2 in Contempt Petition(C) No. 116 of 2005 in SLP(C) No. 13820 of 2004
Decided On : 29-08-2005

Advocates Appeared:
For the Petitioner:Rajiv Datta, Advocate, (Syed Ali Ahmad, Syed Tanweer Ahmad, Charan Singh, S.S. Bandopadhya, Syed Tanweer Akhtar and Mohan Pandey, Advocates)
For the Alleged Contemnor :S.B. Sanyal, Senior Advocate, (Syed Ali Ahmad, Syed Tanweer Ahmad, Charan Singh, S.S. Bandopadhya, Syed Tanweer Akhtar and Mohan Pandey, Advocate)
For the Respondent:R.P. Saxena, Advocate

The court's decision emphasized the importance of compliance with previous court orders and sought clarification on the circumstances leading to the interim order.

Headnote:

Interim Order - Tenant Eviction - The court questioned the interim order passed by the High Court, which contradicted the previous order of the Supreme Court granting time for the tenant to vacate the premises. The court called for a report from the High Court to understand the circumstances under which the interim order was passed.

Fact of the Case:

The petitioner was granted time to vacate the premises by the Supreme Court, but the High Court passed an interim order preventing the eviction of the tenant.

Finding of the Court:

The court questioned the validity of the interim order and called for a report from the High Court to understand the circumstances under which the order was passed.

Issues: Validity of the interim order, compliance with previous court orders, execution of non-bailable warrant, and remand of the petitioner.

Ratio Decidendi: The court sought clarification on the circumstances leading to the interim order and the execution of the non-bailable warrant.

Final Decision: The court directed the Superintendent of Police to provide a report on the execution of the non-bailable warrant and the remand of the petitioner.

ORDER :

B.N. Agrawal, J.

On 28-7-2004 while dismissing the special leave petition against the order passed by the Allahabad High Court, we granted time till 31-3-2005, to the petitioner to vacate the premises in question. Thereafter it appears under certain circumstances the High Court of Allahabad was moved by filing a CM Writ Petition No. 23319 of 2005, wherein while issuing notice on 20-4-2005, Anjani Kumar, J. of the Allahabad High Court passed an order that for a period of three months the tenant shall not be evicted from the accommodation in question in spite of the fact that it was clearly stated in the writ petition that this Court had granted time till 31-3-2005. We really fail to understand how the High Court, has passed interim order, which is in teeth of this Court's order. For the time being, we are not passing any other order except calling for a report from the High Court as to under what circumstances such an order was passed. The report must be received within a period of four weeks from today.

2. List these matters on 3-10-2005.

3. By order dated 18-7-2005, we directed for issuance of non-bailable warrant of arrest against the petitioner and directed the Superintendent of Police, Moradabad (Uttar Pradesh) to see that warrant of arrest is executed within a period of four weeks and send compliance report to this Court. The petitioner, however, has filed an affidavit before this Court that he has already surrendered in the court on 28-8-2005, without specifying therein before which court he has surrendered. It has also not been stated in the affidavit whether he has been remanded to custody or not.

4. Call for a report from the Superintendent of Police, Moradabad as to whether the non-bailable warrant of arrest issued against the petitioner has been executed or not. If so, on which date executed and whether the petitioner has been remanded to custody or not. He should also report why compliance report has not been sent to this Court as yet. In case the petitioner has been remanded to custody, a certified copy of remand order of the court be also sent. Let this order be communicated to the Superintendent of Police by fax as well asking him to send the required report by fax as well so as to reach here by 7-9-2005. Let the report be placed for consideration on 9-9-2005.

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