David Wilson vs Smt. Shilpa Dyavaiah IPS

Alexander Thomas, J

The above Contempt of Court case has been filed alleging non compliance of the directions and orders passed by this Court, as per Anx.A2 judgment dated 19.7.2022 rendered by the Division Bench of this Court in W.A.No.881/2022 (arising out of the impugned judgment dated 8.6.2022 in WP(C).No.18058/2022) .

Heard Sri.K.Mohanakannan, learned counsel appearing for the petitioner and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondent.

The directions issued by this Court in para 10 of Anx.A2 judgment read as follows:

“10. Accordingly, it is ordered that R2 herein (writ petitioner) may file an appropriate petition before the 3rd respondent-District Police Chief (Rural), Thiruvananthapuram, detailing his complaints in the matter and thereupon, such petition may be filed by the writ petitioner before the 3rd respondent-District Police Chief, without any further delay, along with a copy of this judgment. After receipt of such petition, the 3rd respondent may ensure that a petition enquiry is conducted on the allegations raised in the said petition through an officer, not below the rank of Deputy Superintendent of Police, to ascertain the truth of the matter and the District Police Chief may thereafter, deal with the matter, in accordance with law. We also make it clear that, if the 3rd respondent- District Police Chief deems it fit and appropriate that a personal hearing could also be granted to the writ petitioner and the appellants, then that course of action is also open to the respondent-District Police Chief. Hence, the directions issued, as per the impugned judgment, to the 1st respondent to take decision on Ext.P-2 complaint, will stand vacated. We make it clear that we have not entered into the merits of the controversy in any manner and it is for the 3rd respondent-District Police Chief to conduct an appropriate petition enquiry in the matter, as above, and then deal with the matter independently, in accordance with law. The impugned judgment of the learned Single Judge will stand modified as above.”

Sri.K.Mohanakannan, learned counsel appearing for the petitioner, complains that the abovesaid directions have not been effectively complied with by the respondent officer.

Per contra, Sri.Saigi Jacob Palatty, learned Senior Government Pleader, would submit on the basis of instructions of the respondent officer, that the respondent officer has conducted a petition enquiry through an officer of the rank of Deputy Superintendent of Police and had summoned both the petitioner herein as well as the counter petitioners and it was found, that the plea of the petitioner that there is threat to his life and person, etc. is not real and genuine, and that the respondent officer has issued strict warning and instructions to the counter petitioners not to, in any manner, disturb the peaceful living of the petitioner herein.

The learned Senior Government Pleader would further submit, that there was no specific direction passed by this Court in Anx.A2 judgment that the representation to be filed by the petitioner should be formally disposed of, but that the respondent officer will immediately take steps to pass formal orders on the complaint/representation given by the petitioner, so as to reflect the abovesaid decision.

In view of the abovesaid submission, we are of the view that, it is not right and expedient to entertain this Contempt proceedings. In case the petitioner has any legally justiciable grievances, it is for him to work out his remedies in the manner known to law. However, the respondent officer shall ensure that formal orders may be passed on the abovesaid representation/ complaint given by the petitioner, which was the subject matter of petition enquiry and hearing etc. without much delay, preferably within a period of 10 days, and a copy of the said proceedings so issued by the respondent officer shall be send by registered post to the petitioner without any further delay.

With these observations and directions and with the said liberty, the above Contempt of Court case will stand disposed of.