SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(SC) 1808

SUPREME COURT OF INDIA
B.R. GAVAI, J.B. PARDIWALA, JJ.
State of Bihar and Others – Petitioners
Versus
Ghanshyam Prasad Singh – Respondent
Petitions for Special Leave to Appeal (C) No. 15378 of 2023
Decided On : 18-07-2023

Advocates:
Advocate Appeared:
For the Petitioners: Atmaram N.S. Nadkarni, Rishi K. Awasthi, Piyush Vatsa, Ritu Arora, Amit Vikram Awasthi, Rahul Gupta, Punit Vinay
For the Respondents: Ujjawal Jha, Arvind Gupta

Headnote:(A) Constitution of India - Article 226 - Issuance of bailable warrants - The High Court directed the appearance of Senior Officers of the State Government despite compliance of directions - Court emphasized that issuing such orders should not be routine and may undermine judicial respect. (Paras 1, 5, 6, 8)

(B) Compliance with Court Orders - Authorities are bound to comply with High Court directions, however, unnecessary practices should be avoided to concentrate resources for public service. (Paras 6, 7)

Facts of the case:
The present matter arises from an order of the High Court of Patna that issued bailable warrants to senior state officials despite their compliance with directions. The respondent expressed no grievances against state actions.

Findings of Court:
The court acknowledged the importance of compliance but cautioned against habitual issuance of such warrants for minor disobedience.

Issues: The key issues addressed were the appropriateness of bailable warrants when compliance had occurred, and the impact of such practices on judicial efficiency.

Ratio Decidendi: The court ruled that while the state officers must comply with court orders, habitual issuance of bailable warrants undermines the court’s authority and can hinder public service.

Result: The order of the High Court was stayed.

Table of Content
1. compliance with court orders is necessary. (Para 1 , 2 , 3)
2. judiciary's authority should not be misused. (Para 4 , 5 , 6 , 7 , 8)
3. temporary stay on high court's order. (Para 9 , 10 , 11)

ORDER :

1. The present matter arises out of an order passed by the learned Division Bench of the High Court of Patna issuing bailable warrants to the Additional Chief Secretary, Educational Department, Government of Bihar, Patna.

2. Shri A.N.S. Nadkarni, learned senior counsel submits that in spite of a detailed affidavit of compliance being placed, the Division Bench has passed the aforesaid order. He has placed on record the orders passed by the Bench consisting of one of the learned Judges in 143 matters wherein the Senior Officers of the State Government have been directed to personally appear.

3. It is further to be noted that the learned counsel appearing on behalf of the respondent himself states that the directions which were issued have been complied with and the respondent has no grievance with regard to any of the action or inaction of the State Officers.

4. No doubt that the authorities of the State are bound to comply with the directions issued by the High Court.

5. In a matter wherein there is a patent disregard and disobedience to the directions issued by the Court, the Court would be justified in securing the presence of the officers.

6. However, such a practice should not be adopted as a routine. The Officers of the State Governments are required to discharge their duties towards the citizens of the country.

7. Their presence in the Court wastes precious time which could be otherwise utilized for rendering service to the citizens.

8. Issuing such directions at the drop of the hat, rather than upholding the majesty of the Court, undermines it.

9. In that view of the matter, issue notice, returnable within six weeks.

10. We stay the impugned order dated 13.07.2023 passed by the High Court of Judicature at Patna.

11. The Registrar (Judicial) of this Court is directed to communicate this order to the Registrar (Judicial) of the High Court of Patna, who shall bring the aforesaid direction to the notice of the Hon'ble the Chief Justice, High Court of Patna.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top