Case Law
Subject : Contempt of Court - Sub Judice Matters
CUTTACK – The Orissa High Court has taken serious note of public statements made by a senior police official regarding a pending election petition, directing the Superintendent of Police (SP) of Berhampur to appear in person and file an affidavit explaining his conduct. The Court will consider whether the actions amount to contempt of court.
The order was passed by Justice Sashikanta Mishra while hearing an election petition, Manoj Kumar Panda vs K. Anil Kumar (ELPET No.19 of 2024).
The issue arose after an explanation was submitted to the court by Dr. Saravana Vivek M, the Superintendent of Police, Berhampur, in response to a previous court order dated October 31, 2025.
After reviewing the submission, Justice Mishra noted that the SP had effectively admitted to discussing the sub-judice election matter with the press. The Court observed:
> "After going through the explanation, it appears that the S.P. has admitted to giving statements referring to the pending election petition before the press."
Finding the initial explanation insufficient, the Court has demanded a more formal and detailed account of the officer's actions.
The court has explicitly stated that it will deliberate on initiating contempt proceedings after reviewing the SP's affidavit.
> "Whether the conduct amounts to contempt or not will be considered by this Court after receiving the affidavit," the order read.
To ensure the gravity of the matter is understood, Justice Mishra has mandated the personal appearance of the SP. The order states, "It is made clear that the Superintendent of Police shall appear in person before this Court on 10.30. A.M."
The High Court has scheduled the next hearing for November 11, 2025, by which time the affidavit from the SP is expected to be on record. The SP has been directed to file the affidavit by November 10, 2025.
The court registry has been instructed to immediately communicate the order to the Berhampur SP, and a copy has been provided to the State counsel for compliance. Counsel for the parties involved in the election petition have been permitted to review the written explanation submitted by the police official.
This development underscores the legal principle of sub judice , which prohibits public discussion or commentary on matters pending before a court to prevent prejudicing the outcome and maintain the integrity of the judicial process. The High Court's scrutiny in this case serves as a stern reminder to public officials to exercise caution and restraint when addressing matters under judicial consideration.
#ContemptOfCourt #SubJudice #OrissaHighCourt
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