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1996 Supreme(AP) 609

Andhra Pradesh High Court
Judges : M.N.RAO, S.R.NAYAK
Yusuf Qureshi - Appellant
Versus
M.A.Rafat - Respondent
Decided On : 07-16-96

Willful disobedience of a court order by a public officer or an individual amounts to contempt of court and is punishable under the Contempt of Courts Act, 1971.

Headnote:

CONTEMPT OF COURT - WAQF BOARD - APPOINTMENT OF MEMBERS - JUDGMENT OF DIVISION BENCH UPHOLDING APPOINTMENTS - WILLFUL DISOBEDIENCE OF JUDGMENT BY SPECIAL OFFICER AND SECRETARY OF WAQF BOARD - OBSTRUCTION OF CHAIRMAN FROM FUNCTIONING - ARREST OF CHAIRMAN - CONVICTION FOR CONTEMPT.

Fact of the Case:

The petitioner, appointed as Chairman of the Andhra Pradesh State Wake Board, resumed office after a Division Bench judgment upheld the appointments of the Wake Board members. However, the Special Officer and Secretary of the Wake Board, respondents 1 and 2, prevented the petitioner from functioning and caused his illegal arrest.

Finding of the Court:

The court found that respondents 1 and 2 willfully and deliberately disobeyed the Division Bench's judgment by preventing the petitioner from functioning as the Chairman and causing his arrest. The court held that respondents 1 and 2 acted in concert to obstruct the petitioner from discharging his duties.

Issues: 1. Whether respondents 1 and 2 willfully disobeyed the Division Bench's judgment by preventing the petitioner from functioning as the Chairman of the Wake Board? 2. Whether respondents 1 and 2 caused the illegal arrest of the petitioner?

Ratio Decidendi: The court relied on the judgment of the Division Bench in W. A. Nos. 401 and 1087 of 1995, which upheld the appointments of the Wake Board members and allowed them to function as per the G. Os. appointing them. The court held that the judgment did not require any consequential formal orders from the Government and that respondents 1 and 2 were aware of the judgment as their counsel was present in court. The court also found that respondents 1 and 2 did not make any attempts to contact the counsel or the Government pleader to ascertain the correct position.

Final Decision: The court convicted respondents 1 and 2 under Section 12(1) of the Contempt of Courts Act, 1971, and sentenced each of them to a fine of Rs. 2,000. In default, each of them was sentenced to suffer simple imprisonment for one month. The court also awarded costs against respondents 1 and 2.

M. N. RAO, J.

( 1 ) THE petitioner herein and certain other persons were appointed as members of the Andhra Pradesh State Wake Board (for short "the Wakf Board") by the Government of Andhra Pradesh in G. O. Ms. 74 Minorities Welfare (Wakf-I) Department, dated 26-8-1994 read with the errata issued on 30-8-1994 in G. O. Ms. No. 75. The members of the Wake-Board elected the petitioner herein as the Chairman under sub-section (2) of Section 10 of the Wake Act. They assumed charge with effect from 31-8-1994. While so, two writ petitions - W. P. Nos. 16111 and 16122 of 1994 - were filed in this Court challenging their appointments on several grounds. As no interim stay was granted in the writ petitions, they functioned as such till 10-4-1995 when a learned single Judge of this Court allowed the writ petitioner, in consequence of which, a Special Officer - respondent No. 1 herein - was appointed. who assumed charge, it appears, on that very day itself. Writ Appeal Nos. 401 and 1087 of 1995 were filed by the petitioner herein and the other affected members of the Wake Board, which were allowed by a common judgment after an elaborate hearing by a Division Bench of this Court, of which, one of us, M. N. Rao, J. , was a member, on 17-1-1996, the operative portion of which is in the following terms: "for these reasons, upholding the G. Os. , impugned in the two writ petitions, we allow Writ Appeal Nos. 401 and 1087 of 1995 setting aside the common judgment of the learned Judge in W. P. Nos. 16111 and 16122 of 1994 and dismiss the writ petitioners, in consequence of which, all the appellants in W. A. Nos. 401 and 1087 of 1995 will be entitled to function as members of the Wake Board as per the above two H. s. No costs. "when the judgment was delivered in the open Court, the counsel for the wake Board, the counsel for the appellants and the learned government pleader were all present.

( 2 ) ALLEGING that the respondents herein, apart from willfully disobeying the aforesaid judgment of the Division Bench of this Court also caused harassment and illegal arrest of the petitioner herein in order to prevent him functioning as the Chairman of the Wake when he asserted his right to function as such, this contempt case was filed. Respondent No. 1, at the relevant time, was the Special Officer of the Wake Board and the second respondent is the Secretary of the Wake Board. Respondents 3 to 9 are police officers, who, it is alleged, had connived with respondents 1 and 2 in preventing the petitioner from discharging his functions and also in causing his illegal arrest.

( 3 ) IN the affidavit filed in support of the contempt case, it is averred that the counsel for the petitioner by letter dated 17-1-1996 informed respondents 1 and 2 about the judgment of this Court and the petitioner resumed charge as the Chairman of the Wake Board on 18-7-1996 by signing the registers. He also released an official circular No. 1/peshi/chairman/96 declaring 18-1-1996 as public holiday because of the sudden demise of Sri N. T. Rama Rao, the former Chief Minister of Andhra Pradesh. He participated on 18-1-1996 in uruse Sheriff at Jahangir Peer Darga-e-Hazrat near Shadnagarin his capacity as the Chairman of the Wake Board, The Government of Andhra Pradesh declared 19-1-1996 as a holiday because of the death of Sri N. T. Rama Rao but the Urus celebrations continued in which the petitioner had participated. On 20-1-1996, when the petitioner reached the office of the Wake Board, he was surprised to find some policemen posted there and upon inquiry, he learnt that the fifth respondent, Sri Sharfuddin, Circle Inspector Abides Police Station, posted them there. The petitioner s room (the Chairman s room) in the office was locked and the keys were taken away by the second respondent. When questioned by the petitioner, the second respondent had given evasive replies. The police and the second respondent prevented the petitioner from entering into the office when he tried to open














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