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SUNEET KUMAR, SYED WAIZ MIAN
In Re – Appellant
Versus
Chandan Kumar – Respondent
JUDGMENT :
1. Heard learned counsel for the parties.
2. Pursuant to order dated 04.08.2022, contemnor is present in the Court.
3. Contemnor vide order dated 04.08.2022, was held guilty for committing contempt for breach of the mandate pronounced by the Supreme Court in Arnesh Kumar vs. State of Bihar, 2014 (6) SCJ 219.
4. In the affidavit, the contemnor pleads for taking a sympathetic view on the quantum of punishment, for the reason, that he is a young officer and his wife is expecting. Further, it is pleaded that he is the sole bread earner of his family, including, four brothers and one sister; he further pleads that punishment would adversely affect his career. The contemnor, therefore, tenders an unconditional apology.
5. We have considered the averments made in the affidavit and submissions of the learned counsel for the contemnor.
6. This Court would not lose sight of the fact that the contemnor, being a member of disciplined Force, in exercise of his powers of arrest, has willfully and deliberately bypassed the mandate of the Supreme Court in Arnesh Kumar (supra), which is binding on all the authorities, including, the Magistrate, in view of Article 141 of the Constitution of Ind
Willful and deliberate bypassing of a Supreme Court mandate, coupled with insincere apology, may lead to the imposition of punishment for contempt of court.
Officials must comply with Court orders; belated apologies in contempt proceedings may indicate insincerity.
An apology in contempt proceedings must be genuine and timely; otherwise, it cannot absolve the contemnor of responsibility.
The court considered the appellant's apology, joint settlement between the parties, and the appellant's service record in taking a lenient view and quashing the orders holding the appellant guilty of....
The selective application of binding precedent by an authority strikes at the root of the administration of justice.
The judgment emphasized the importance of wilful disobedience and sincere apologies in contempt cases, highlighting the need for genuine remorse and contrition.
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