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Judgment
13 paragraphs · 438 wordsP.V.Kunhikrishnan, J
This contempt case is filed alleging non-compliance of the directions in judgment dated 16.09.2021 in W.P.(C). No.14332 of 2021.
When this matter came up for consideration on 05.11.2021, this Court passed the following order:
"The respondent is directed to appear in person before this Court for the alleged violation of the directions in the judgment dated 16.09.2021 in W.P. (C). No.14332 of 2021, on 19.11.2021.
Meanwhile, if the directions in the judgment are complied with or if the judgment is varied/modified subsequently, the appearance of the respondent is dispensed with."
Thereafter, the matter again came up before this Court on 07.12.2021. On that day, this Court passed the following order:
"This Contempt Case is filed alleging violation of the directions in the judgment dated 16.9.2021. The Contempt Case was filed on 29.10.2021 and the same came up for consideration on 5.11.2021. On that day this Court passed the following order.
"The respondent is directed to appear in person before this Court for the alleged violation of the directions in the judgment dated 16.09.2021 in W.P.(C). No.14332 of 2021, on 19.11.2021. Meanwhile, if the directions in the judgment are complied with or if the judgment is varied/modified subsequently, the appearance of the respondent is dispensed with."
In the meanwhile, an order was passed by the respondent on 30.10.2021 and the same is produced as Annexure-A4. I perused Annexure-A4 order. It is a clear violation of the directions of the judgment delivered by this Court. Hence, the case was listed today. Today it is reported that Annexure-A4 order is recalled and a new order is passed. That itself shows that, prima facie the respondent committed contumacious act. According to me, the respondent should appear before this Court on 14.12.2021. The respondent is not entitled TA for the travel to Ernakulam for appearing on 14.12.2021.
The registry will send a copy of this order to I.G, Registration."
Today, when this writ petition came up for consideration, both parties submitted that the directions in the judgment are already complied with. An affidavit is also filed by the respondent. The relevant portion of the affidavit is extracted hereunder:
"There was no intention at all on my part to disobey the judgment of this Honourable Court. I hereby tender my unconditional apology in the matter of non-compliance of the direction of this Honourable Court within the stipulated time. My apology may be accepted and I may be exonerated from the contempt proceedings in the above contempt case."
Considering the facts and circumstances of the case, I accept the apology of the respondent. This contempt case is closed.