IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
BATTU DEVANAND, J.
In Rep – Petitioner
Versus
A. Giridhar – Respondent
Contempt Case No. 77 of 2021, Contempt Case No. 1309 of 2020, W.P. No. 16647 of 2020
Decided On : 12-12-2022
High Court Standing Orders (Revised), 2004 – Contempt of Courts Act, 1971 – Section 2 – Action Taken Report – Affidavits – Contempt Case is initiated against respondents for their willful disobedience in complying order of this Court for obstructing Constitutional functions of Court – Held, Court functioning, issues of Advocate Clerks and Litigant Public reason only Standing Orders – Registrar (Judicial) performance has a direct impact on institution – Court considered opinion not only performance of Registrar performance of entire staff working in Judicial Wing/Sections has a direct impact on institution – Order Accordingly.
ORDER :
1. This Contempt Case is initiated against the respondents for their willful disobedience in complying the order of this Court dated 30.11.2020 and for obstructing the Constitutional functions of the Court.
2. In C.C. No. 1309 of 2020, at the stage of admission, on 30.11.2020 this Court ordered notices to the respondents therein and directed to post the contempt case on 14.12.2020. But, the C.C. No. 1309 of 2020 is posted on 18.12.2020. On verification of the case record, it was found that, the notices were dispatched by the Registry only on 17.12.2020 and contempt case was listed on 18.12.2020. Considering the same, this Court is of the prima-facie opinion that the Registry did not comply the orders of this Court in true spirit and they are obstructing the Constitutional functions of this Court and accordingly, directed the Registrar General to initiate contempt proceedings against the officers of the Registry who are responsible for not implementing the orders dated 30.11.2020 of this Court and submit “Action Taken Report” on the next date of hearing i.e. on 18.01.2021.
3. The Registrar General placed “Action Taken Report” before this Court on 18.01.2021 wherein, it is stated that, C.C. No. 77 of 2021 was registered against the respondents herein for not complying with the order dated 30.11.2020 of this Court. On 22.01.2021, after hearing the learned Advocate General and upon perusal of the record, notices were issued to the respondents.
4. All the respondents filed counter affidavits and additional counter affidavits.
5. Heard learned Advocate General and Sri T. Sreedhar, learned counsel appearing for Respondent No. 1 and Sri J.U.M.V. Prasad, learned counsel appearing for Respondent No. 2. Respondent Nos. 3 to 11 personally present before the Court and submitted their contentions.
6. In the counter affidavit filed by Respondent No. 1, it is averred that, he has been discharging his duties as Registrar (Judicial) of this Court since 30.04.2020. Till then, he has been discharging his duties with utmost diligence and commitment in accordance with the established practices, High Court Rules, Standing Orders, Roster Directions and instructions/directions issued by the Hon’ble Judges from time to time. He always strived to uphold the majesty of the Court in the eye of the public and Advocates by discharging his duties and functions in accordance with law. It is averred that, he strongly believed that any Orders of the Court should be complied with scrupulously.
7. It is further averred that, the Registrar General by letter dated 18.01.2021 has directed to initiate contempt proceedings against the respondents in the present contempt case for causing delay in complying with the order dated 30.11.2020 passed by this Court, including Respondent No. 1. He contends that, he has no personal knowledge about the contempt case in C.C. No. 1309 of 2020 until the Court passed the order to initiate Contempt proceedings. It is also contended that, the report of the Registrar General placed before this Court identifying the officers responsible for noncompliance of the order dated 29.12.2020 of this Court is not furnished to him. Therefore, he averred that, he had no information, muchless, any knowledge about C.C. No. 1309 of 2020 and the order passed by the Court in the said case and there is no possibility of any disobedience on his part in the matter where he has no knowledge.
8. He further averred that, he believed that, this Court is concerned about the functioning of the Registry and has initiated steps for enhancing its functioning, for which he would be greatly obliged, although he is not responsible for the present contempt in any manner. In the said counter affidavit, he also recorded the relevant provisions of the High Court Standing Orders which are applicable to the judicial section and the procedure to be followed by them. He also contends that, the Standing Orders do not mandate the Registrar (Judicial) to either secure knowledge
Attorney General vs. Times Newspapers
Anil Ratan Sarkar and Others vs. Hirak Ghosh and Others
Kapildeo Prasad Sah and Others vs. State of Bihar and Others
Maninderjit Singh Bitta vs. Union of India
Patel Rajnikant Dhulabhai and Others vs. Patel Chandrakant Dhulabhai and Others
The pendency of a writ appeal does not absolve the respondents from complying with the court's order, unless a stay of the order has been obtained from the appellate court.
Civil contempt pertains to the High Court as an institution, not individual judges, and should be assigned according to the roster to ensure timely resolution.
Contempt of court involves willful disobedience of court orders, which undermines judicial authority, emphasizing the need for compliance to maintain public confidence in the justice system.
The judgment established the importance of upholding the majesty of the judicial system, ensuring judicial discipline, and prioritizing genuine litigants seeking justice, while weeding out speculativ....
The court emphasized the necessity of strict adherence to procedural rules in contempt proceedings, particularly regarding the requirement for clear allegations and the proper initiation of actions u....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.