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SUPREME COURT OF INDIA
VIKRAMAJIT SEN, C. NAGAPPAN, JJ.
Asit Kumar Das - Appellant
Versus
J. Panda, The Chief Post Master General & Ors. - Respondents
Civil Appeal No. 1227 of 2015 (Arising out of SLP (C) No. 422 of 2015
Decided On : 22-01-2015
Contempt - High Court's Direction to Remove Contempt Petition from List - Court emphasizes maintainability of contempt proceedings unless Appellate Court stays operation of the Order/Judgment - Setting aside of High Court's Order and direction to list Contempt Petition before Division Bench forthwith
Fact of the Case:
The High Court directed the Contempt Petition to go out of the list based on the alleged contemnor's statement of filing a Special Leave Petition in the Supreme Court. The Order on which the Petitioner relied was pronounced on 9.12.2013, and the Special Leave Petition had not been listed for hearing before the Supreme Court.
Finding of the Court:
The Supreme Court found no justifiable reason for the High Court's direction and emphasized that contempt proceedings are maintainable unless the Appellate Court stays the operation of the Order/Judgment. The Supreme Court set aside the impugned Order and directed the Contempt Petition to be listed before the Division Bench of the High Court forthwith, expecting it to be heard and disposed of within four months.
Issues: High Court's direction to remove Contempt Petition from list based on alleged contemnor's statement of filing a Special Leave Petition in the Supreme Court.
Ratio Decidendi: Contempt proceedings are maintainable unless the Appellate Court stays the operation of the Order/Judgment. Filing of an Appeal does not result in the assailed Order becoming inoperative and unworthy of being complied with.
Final Decision: The Supreme Court allowed the Appeal, set aside the High Court's Order, and directed the Contempt Petition to be listed before the Division Bench of the High Court forthwith.
ORDER :
Leave granted.
2. We have heard learned counsel for the parties. We find no justifiable reason for the High Court to direct the Contempt Petition filed by the Petitioner "to go out of list for the present," merely on the statement made on behalf of the alleged contemnor that a Special Leave Petition had been filed in this Court. Contempt proceedings shall always be maintainable unless the Appellate Court finds it fit to stay the operation of the Order/Judgment of which contempt is alleged. In the case in hand, the Order on which the Petitioner has placed reliance was pronounced on 9.12.2013 and till date the Special Leave Petition has not even been listed for hearing before this Court. It is trite that the filing of an Appeal does not result in the assailed Order becoming inoperative and unworthy of being complied with. There was, therefore, no justification for taking the Contempt Petition off the list of the High Court, albeit with permission granted for its re-listing. This Order would have been appropriate in the event that this Court had stayed the operation of the Judgment in favour of the Petitioner before us, which we emphasise had been pronounced as far back as on 9.12.2013.
3. It is in these circumstances that we set aside the impugned Order dated 7.5.2014. The Contempt Petition, CPAN 413 of 2014, is directed to be listed before the Division Bench of the High Court forthwith. We expect the said petition to be heard and disposed of within four months of the service of these Orders on the High Court.
4. The Appeal stands allowed in the above terms.
Appeal is allowed.
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