The filing of an SLP without a stay order and the superannuation of the contemnor do not stall contempt proceedings; furthermore, current incumbents responsible for implementing the order are also liable for non-compliance.

ORDER

Order No. 08.

1. This matter is taken up through hybrid mode.

2. The matter was last listed on 31.07.2026. However, on prayer of learned State Counsel, further four weeks’ time was granted to file Compliance Affidavit, as per the undertakings given by the learned State Counsel on behalf of the Contemnor.

3. Today, instead of filing of Compliance Affidavit, Mr. Mohanty, learned AGA files the photocopy of instruction received from the I.G. of Police (Personnel), Odisha, Kataka vide letter dated 24th August, 2026. Contents of the said letter, being relevant, are reproduced below:-

“To The learned Advocate General,

Odisha, Kataka.

Sub: Instruction in CONTC No. 362/2026 arising out of order dated 22.06.2026 passed in Writ Appeal No. 357 of 2026 and Order No.09 dated 25.09.2025 of the Hon'ble Orissa High Court passed in W.P(C) No.32287 of 2020 filed by Sagarika Parida Vs. State of Odisha and others.

Sir, In inviting a reference to the above noted subject, I'm directed to intimate that consequent upon the dismissal of the W.A No. 357 of 2026, the Govt. vide Law Department letter No. 11012/L dated 07.08.2026 have decided to file SLP before the Hon'ble Supreme Court of India against the Order dt.22.06.2026 of the Hon'ble High Court of Orissa passed in W.A No. 357/2026 in the matter of State of Odisha Vs. Sagarika Parida.

Accordingly, the Special Leave Petition has been duly preferred and filed before the Hon'ble Supreme Court of India on 22.08.2026 vide SLP(C) Diary No.51684 of 2026. The said matter is currently sub-judice before the Hon'ble Supreme Court.

In view of the aforesaid facts, it is humbly requested that your good self may kindly apprise the Hon'ble High Court of Orissa regarding the filing of the SLP before the Apex Court with a prayer to lie over the contempt proceedings in CONTC No. 362 of 2026 till the finalization of the SLP in the bona fide interest of justice.”

(Emphasis supplied)

4. So far as order dated 31.07.2026, paragraph nos. 4 & 5 of the said order, being relevant, are reproduced below:-

“4. Learned Counsel for the Petitioner submits, though the learned State Counsel undertook on 03.07.2026 to file compliance affidavit, in the affidavit filed on 29.07.2026, it has not been clearly indicated, as to what steps has been taken by the Contemnor for implementation of the judgment dated 25.09.2025, passed by W.P.(C) No.32287 of 2020. Rather, tactfully, it has been mentioned in para 5 of the affidavit that the matter is under active consideration of the Law Department and the Contemnor be given two months' time for taking appropriate legal steps with regard to compliance of the impugned order and to complete the entire process.

5. However, learned Counsel for the State undertakes to file complete compliance affidavit within four weeks hence.”

(Emphasis supplied)

5. Law is well settled that pendency of the proceeding before the Supreme Court, in absence of any interim order of stay, cannot be a ground to stall a contempt proceeding. In Asit Kumar Das Vs. J. Panda, Chief Post Master General and others reported in (2020) 20 SCC 400, the Supreme Court held as follows:

“2. In the case in hand, the order on which the petitioner has placed reliance was pronounced on 9-12-2013 and till date the special leave petition has not even been listed for hearing before this Court. It is trite that the filing of an appeal does not result in the assailed order becoming inoperative and unworthy of being complied with. There was, therefore, no justification for taking the contempt petition off the list of the High Court, albeit with permission granted for its relisting. This Order would have been appropriate in the event that this Court had stayed the operation of the judgment in favour of the petitioner before us, which we emphasise, had been pronounced as a far back as on 9-12-2013.”

(Emphasis supplied)

6. At this sta