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2017 Supreme(Online)(SC) 1563

SUPREME COURT
, J
Anurag Thakur Former President of Board of Control for Cricket in India : In Re
Suo Motu Cont. P. (Crl.) No. 1, 2, 3 of 2017, C. A. No. 4235, 4236 of 2014, 1155 of 2015



Advocates:
For the Appellants/Petitioners: P.S. Patwalia
For the Respondents: Gopal Subramanium

Unconditional apology and good faith can lead to dismissal of contempt proceedings.

Headnote:In this case, the Court reviewed the affidavit submitted by the respondent contemnor expressing regret over a miscommunication and willingness to provide an unconditional apology. The Court, acknowledging the good faith shown, decided to drop the contempt proceedings and discharge subsequent legal notices. The pivotal issues addressed were the nature of the miscommunication and the adequacy of the apology offered, leading the Court to conclude positively based on the contents of the affidavit in accordance with law. The final result was the cessation of contempt proceedings and discharge of legal notices.

Table of Content
1. the court acknowledges an unconditional apology. (Para 1 , 2)
2. discussion on the viability of ending proceedings. (Para 3)
3. final decision to cease contempt proceedings. (Para 4)

1. This Court on 7-7-20171, had passed the following order:
"In the course of hearing of these petitions, regard being had to the earlier affidavit filed by the respondent contemnor, we asked Mr P.S. Patwalia, learned Senior Counsel appearing for him, whether he would file an affidavit of absolutely unequivocal and categorical unconditional apology. Mr Patwalia has submitted that there was some kind of miscommunication / misinformation and the respondent contemnor is prepared to file an unconditional apology, adding the said phrase. He is permitted to do so. Let the affidavit be filed by 12-7-2017. Let the matter be listed at 3.00 p.m. on 14-7-2017. Mr Patwalia has assured this Court that the respondent contemnor shall remain personally present in the Court on that day."

2. In pursuance of the aforesaid order, an affidavit has been filed by the respondent contemnor. The respondent contemnor also, as assured by Mr P.S. Patwalia, learned Senior Counsel appearing for the contemnor, is personally present in the Court. The respondent contemnor has also expressed his regret and states that whatever has been stated in the affidavit has come from the core of his heart.

3. Mr Gopal Subramanium, learned Amicus Curiae has submitted that the whole episode can be closed as regards the respondent contemnor because of the affidavit filed. Mr P. S. Patwalia, learned Senior Counsel also submits that there was some kind of misinformation or miscommunication.

4. Regard being had to the factual scenario in entirety, we drop the proceedings for contempt and also the direction for initiation of the proceedings under S.340 CrPC and the notice stands discharged.

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