Sangita Kumari and Others vs State of Jharkhand and Others

These contempt petitions have been filed as back as in September, 2009 alleging that in spite of decision of Full Bench of this Court dated 7th May, 2008, the order and direction of this Court, has not been complied with. Permission was sought by the Learned Counsel for the petitioners on the ground that though on 9th April, 2012 this Court adjourned the matters sine die, however, granted permission to petitioner to mention the matter after SLP is disposed of. The petitioners have moved mention slip for listing the matters, which was granted. Learned Counsel for the petitioner submitted that it is true that SLP was filed by the respondents against the judgment dated 7th May, 2008, but in that SLP in spite of granting leave no interim order has been passed by the Supreme Court staying the operation of the judgment of this Court. Therefore, in view of the above reasons, the State may be directed to comply with the direction of this Court given by the Full Bench of this Court.

Learned Counsel for the State submitted that leave has been granted and application for stay of the impugned judgment has also been filed before the Hon''ble Supreme Court, therefore, they may be given sometime to obtain interim order.

Since Full Bench of this Court has decided the matter as back as in May, 2008, yet the petitioners are not getting benefit of the said decision merely because of the reason that SLP has been preferred. Mere preferring of appeal cannot became stay of the impugned order. Therefore, in view of the passing of almost three years, it will be necessary for the State to comply with the decision of Full Bench of this Court dated 7th May, 2008 within eight weeks, if stay is not obtained by the respondents in SLP. Put up this case after eight weeks.