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2020 Supreme(SC) 969
SUPREME COURT OF INDIA
L. NAGESWARA RAO, ANIRUDDHA BOSE, JJ.
Re : Vijay Kurle
Miscellaneous Application No.1434 Of 2020 in SMC (Crl.) No.2 Of 2019, (Arising out of impugned final judgment and order dated 04-05-2020 in SMC(Crl) No.2/2019 passed by the Supreme Court Of India), (FOR ADMISSION and IA No.76555/2020-APPLICATION UNDER SECTION LV RULE 6) WITHMA 1435/2020 in SMC(Crl) No.2/2019 (XVII), (FOR ADMISSION and IA No.76132/2020-GRANT OF INTERIM RELIEF), MA 1436/2020 in SMC(Crl) No. 2/2019 (XVII), (FOR ADMISSION and IA No.76943/2020-EXTENSION OF TIME), MA 1437/2020 in SMC(Crl) No. 2/2019 (XVII), (FOR ADMISSION and IA No.76945/2020-EXTENSION OF TIME)
Decided On : 18-08-2020
For the Petitioner: Mr. Vivek Sharma, AOR; Applicant-in-person, AOR.
Extension of time for surrendering in contempt cases due to exceptional circumstances such as the COVID-19 pandemic and lockdown conditions.
Headnote:
Contempt - Extension of Time for Surrender - COVID-19 Pandemic
Fact of the Case:
The contemnors were convicted for contempt and sentenced to undergo imprisonment, with a direction to surrender after 16 weeks due to the COVID-19 pandemic and lockdown conditions.
Finding of the Court:
The Court extended the time for surrendering by another 16 weeks due to the prevailing conditions caused by the COVID-19 pandemic.
Issues: Extension of time for surrendering in contempt cases due to COVID-19 pandemic and lockdown conditions.
Ratio Decidendi: The Court considered the impact of the COVID-19 pandemic and lockdown conditions in extending the time for surrendering in contempt cases.
Final Decision: The time for surrendering by the contemnors was extended by another 16 weeks in view of the prevailing conditions due to the COVID-19 pandemic.
ORDER :
M.A No.1434/2020 in SMC (Crl.) No.2/2019:
1. Arguments concluded.
2. Judgment reserved.
MA No.1435/2020 in SMC(Crl) No.2/2019, MA No.1436/2020 in SMC(Crl) No.2/2019, MA No.1437/2020 in SMC(Crl) No.2/2019:
3. Written notes on behalf of the respondent No.3 is taken on record.
4. Mr. Vijay Kurle, Mr. Nilesh Ojha and Mr.Rashid Khan Pathan were convicted for contempt and sentenced to undergo simple imprisonment for a period of 3 months each with a fine of Rs.2000/-. In default of payment of fine, the contenmnors were directed to undergo further imprisonment for a period of 15 days. In view of the COVID-19 pandemic and the lockdown conditions, this Court directed that the sentence shall come into force after 16 weeks from the date of the order i.e. 4th May, 2020, when the contemnors should surrender before the Secretary General of this Court to undergo the punishment.
5. Miscellaneous application Nos. 1435, 1436, 1437 have been filed by the contemnors to extend the time for surrendering in view of ongoing pandemic. Grounds other than the lockdown conditions have been raised in the applications which are not germane for deciding these applications for extension. However, in view of the prevailing conditions due to COVID-19 pandemic, we extend the time for surrendering by another 16 weeks.
6. Applications stands disposed of accordingly.
