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2024 Supreme(Online)(DEL) 32114
HIGH COURT OF DELHI
Sanjeev Narula, J
THE REGISTRAR SOCIETIES AND FIRMS GNCTD – Appellant
Versus
INDIAN COUNCIL FOR CHILD WELFARE ANON GOVERMNENT – Respondent
CONT.CAS(C) 1977/2024
PRASHANT MANCHANDA
Court emphasizes adherence to undertakings and good faith in compliance with court orders, finding no willful contempt due to inadvertent error.
Headnote:(A) Contempt of Court - Allegation of wilful contempt for disobedience of court order - Undertaking regarding deletion of 'National' from award title - Respondent's inadvertent oversight in using 'National' in award notifications - Corrective measures taken by Respondent Organisation to amend the title and notify state councils. (Paras 1-6)
(B) Legal Principles - Court emphasizes the importance of adherence to undertakings given to the court and the necessity for parties to act in good faith. (Paras 3-5)
Facts of the case:
The petitioner alleges contempt due to the Respondent's use of 'National' in award notifications, violating a court order to delete the term. The Respondent claims it was an oversight and has issued corrigendum to rectify the issue.
Findings of Court:
The Respondent Organisation has taken sufficient steps to address concerns, leading to the closure of contempt proceedings.
Issues: Whether the Respondent's use of 'National' constitutes contempt of court and if corrective actions taken are sufficient.
Ratio Decidendi: The court found that the Respondent's actions were not a willful breach, but rather an inadvertent error, and that corrective measures were adequately implemented.
Result: Contempt proceedings closed.
O R D E R
1. The present petition alleges that the Respondents have committed wilful contempt and disobedience of the order dated 22 nd December, 2023 passed in WP(C) 16666/2023.
2. Mr. Prashant Manchanda, ASC for Petitioner, submits that under the aforenoted order, Respondent No. 1 had specifically undertaken that that they will delete the term “National” from the bravery award conferred by Respondent No.1. On this expressed undertaking, the Court had restrained the Petitioner from taking any coercive action against the Respondent organisation.
3. Mr. Manchanda submits that the aforenoted undertaking has been violated by the Respondent Organisation who have now issued award notifications and nomination form wherein the term ‘national’ has been used in clear breach of the undertaking submitted to the Court. To support this contention, Mr. Manchanda places reliance on the notification for “Bravery Awards for the Children and Youth (2024)” issued by the Respondent Organisation wherein the nomination form uses the term ‘national’ it’s title to the following effect:
“N OMINATION F ORM F OR ICCW N ATIONAL A WARDS FOR B RAVERY F OR C HILDREN AND Y OUTH (2024)”
4. Mr. Sanjay Ghosh, Senior Counsel for Respondents, on the other hand clarifies that there was no intention to breach any undertaking given to the Court. He submits that the title of the nomination form issued by the Punjab State Council was only an inadvertent oversight on their part. He submits that in fact the notification and the form itself cited by Petitioner makes it clear that Respondents are not claiming any patronage of the national awards. The notification itself specifies that “ In 2023, the ICCW National Bravery Awards were renamed as ICCW Bravery Awards for Children & Youth .” Even in the undertaking to be filled by the recommending authorities, the form specifies as “f) I recommend _____________ for consideration for the ICCW’s Bravery Award 2024.”
5. Nonetheless, to allay the apprehensions of Petitioner, on 18 th November, 2024, Child Welfare Council, Punjab has already issued a corrigendum to the following effect:
“CORRIGENDUM
Please refer to our earlier letter no. PCWC/2024-25/407 - 453, dated 13-08-2024.
The name of the Award has been inadvertenly mentioned as
“ National Bravery Award for Children & Youth – 2024” which is a typing mistake. This may please be read as “ICCW Bravery Award for Children & Youth – 2024” .”
6. Subsequently, on 20 th November, 2024, the Respondent organisation has also circulated necessary instructions to all the state councils. The same reads as follows: “Dear Colleague, It has earlier been informed to you that the word “National” has been deleted from the Awards for Bravery. This was clearly stated in the Award Scheme & Form circulated to the State Councils vide letter No. ICCW/BA/APPLS/2024/593 dated 30.07.2024.
It has been brought to our attention that some of the State Councils have used the word “National” while circulating the scheme.
Please take immediate action to send a Corrigendum to your District Councils where the word “National” has been used.
It is reiterated once again that the word “National” does not form part of the Award name.
For strict compliance.
With regards”
7. In view of the foregoing, since the Respondent Organisation has proactively taken steps to ensure that there is no breach of the undertaking given to the Court, the present contempt proceedings are closed.
8. The present petition is disposed of, along with pending application.
