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RAJAN ROY, OM PRAKASH SHUKLA
Soniya Nityanand – Appellant
Versus
Ashish Wakhlu – Respondent
JUDGMENT
Rajan Roy, J.—Heard Dr. L.P. Mishra, learned Senior Counsel assisted by Sri Shubham Tripathi, learned counsel for the appellants and Sri Sandeep Dixit, learned Senior Counsel assisted by Sri Sandeep Kumar Ojha, learned counsel for the respondent.
2. This is an appeal by the Vice-Chancellor and Members of the Executive Council of King George’s Medical University, Lucknow under Chapter VIII Rule V of the Allahabad High Court Rules, 1952 challenging an order passed by the Contempt Court on 08.05.2024 in Contempt Application (Civil) No.963 of 2020 [Prof. Ashish Wakhlu vs. Prof. M.L. Bhatt Vice-Chancellor, K.G.M.C., Lucknow & Ors.] In fact an application filed by the respondent for impleadment of the appellants herein has been allowed and then notices have been issued to them. The said impugned order reads as under:-
“(Order on Impleadment Application i.e. I.A./26/2024)
1. Heard Shri Sandeep Dixit, learned Senior Advocate assisted by Shri Sandeep Kumar Ojha, learned counsel for the applicant.
2. This is an application filed for seeking impleadment.
3. Cause shown in the affidavit filed in support of the impleadment application is sufficient.
4. Accordingly, the implead
(1) Power to punish for contempt is vested in High Court as an inherent power – Contempt of Courts Act, 1971 does not supersede or abrogate inherent powers vested in it under Article 215 of Constitut....
Wilful disobedience, as an essential element of civil contempt, requires a high standard of proof beyond reasonable doubt and involves a mental element of intentional, conscious, and calculated condu....
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....
Strict adherence to procedural requirements under the Contempt of Courts Act is essential; defects in initiation cannot be cured, leading to discharge of the respondent.
Contempt proceedings cannot determine individual claims without prior adjudication; the court's role is limited to assessing willful disobedience of specific orders.
Civil contempt proceedings require specific notice of allegations to ensure fair opportunity for defense; penalties must reflect intent and context, particularly when apologies are tendered.
Contempt of court requires willful disobedience of a court order; mere delay, especially under extenuating circumstances, does not constitute contempt.
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