Suo Moto Contempt Case Closed After Unconditional Apology and Explanations Accepted
In a notable decision, the Rajasthan High Court has discharged the suo moto contempt proceedings initiated against court officials for failing to list matters on specified dates as directed by the court. This decision was rendered by a bench comprising Dr. Pushpendra Singh Bhati and Sandeep Shah, JJ., in the matter titled "Suo Moto v. Akshay Sharma and Ors."
The proceedings began after grievances were raised by members of the bar, including counsel from Delhi, about the non-listing of several cases despite the court's explicit orders. The non-compliance was seen as interference in the administration of justice, prompting the court to issue notices of contempt to the concerned court officials.
The court, however, took into account the explanations provided, reports submitted, and the unconditional apologies tendered by the officials. The High Court referred to a Supreme Court judgment in "Manoj v. State of U.P." which highlighted that not listing a matter as specified cannot solely be a basis for contempt proceedings. The Supreme Court had dismissed a similar contempt petition with costs, which were later recalled following an apology.
Acknowledging the circumstances and the precedent set by the Supreme Court, the Rajasthan High Court concluded that it was not appropriate to continue the contempt proceedings. Consequently, the proceedings were discharged, and the petition was disposed of, thereby closing the case.
Bottom Line:
Contempt proceedings initiated suo moto for not listing matters on specified dates as directed by the court - Court held that not listing matters/files despite fixing next date by the court amounts to interference in administration of justice - However, upon consideration of unconditional apology and explanations furnished, contempt proceedings were discharged.
Statutory provision(s): Contempt of Courts Act, 1971
Suo Moto v. Akshay Sharma, (Rajasthan)(DB) : Law Finder Doc id # 2863937
