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RAJBIR SEHRAWAT
Naurty Ram – Appellant
Versus
Devender Singh IAS – Respondent
Headnote: Read headnote
JUDGMENT
Rajbir Sehrawat, J.
Learned counsel for the respondents has filed fresh compliance report by way of additional affidavit of Meenakxee Raj, Secretary, HSVP. The same it taken on record. Registry is directed to scan the same and place it at appropriate place in the file.
2. Alongwith the aforesaid compliance report, there is an order dated 03.05.2024 passed by Hon'ble the Supreme Court in SLP (C) No.9638 of 2024, whereby the contempt proceedings before the High Court have been stayed. Had the Supreme Court stayed the operation of the order impugned before it, then this Court would have dismissed the contempt petition ipso facto, as is the normal practice in this Court. However, that has not been done. Rather, the order passed by the Hon'ble Supreme Court has given rise to a problem of Constitutional Conformity vis-a-vis the Court Compliance, besides increasing the pendency before this Court by one more case. One never knows how many more case in execution and contempt petition may have been kept pending throughout the Country because of such orders.
The Supreme Court's stay of contempt proceedings does not undermine the High Court's exclusive authority under Article 215, raising concerns about judicial accountability and constitutional conformit....
The High Court does not have jurisdiction to punish the contempt of order passed by the superior Court i.e. the Hon’ble Supreme Court.
Judicial Discipline – Gratuitous observations in regard to previous orders passed by Supreme Court or for that matter in course of same proceedings are absolutely unwarranted – Compliance with orders....
The High Court does not have jurisdiction to enforce compliance with a Supreme Court judgment. The power to enforce compliance lies with the Supreme Court itself.
The Division Bench lacks authority to issue stay orders in contempt matters not under challenge, affirming the contempt Court's jurisdiction under the Contempt of Courts Act.
The court established that making defamatory allegations against judges constitutes criminal contempt under the Contempt of Courts Act, and reasserted the importance of upholding judicial authority.
The court clarified its inherent powers under Article 215 of the Constitution to punish for contempt and emphasized the continued applicability of the directions issued by the Apex Court in the cases....
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