The Allahabad High Court, Allahabad Bench, heard an application for punishment for contempt alleging disobedience of a prior order. The Court held that mere filing of a counter affidavit asserting the legal position does not amount to contempt.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:139542
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5618 of 2024
Applicant :- Sunil Kumar Gupta Opposite Party :- Vakil Ahmad Ansari Posted As Assistant Director Counsel for Applicant :- Deepak Kumar Kulshrestha
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the applicant.
The present contempt application has been filed pleading the willful disobedience of the order dated 1.9.2015 passed by this Court in Writ - A No. 8068 of 2011
The pleadings in the application do not indicate any disobedience of the order passed by the Writ Court. Mere filing of the counter affidavit in a writ petition asserting the legal position as understood by the respondents cannot be construed as contempt of court.
The application is dismissed .
Order Date :- 30.8.2024 Satyam
Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether filing a counter affidavit asserting the legal position in a writ petition amounts to willful disobedience of a previous order and constitutes contempt of court.
Whether the contemnor's assertion of legal position in a counter affidavit can be construed as disobeying the court order dated 1.9.2015.
Sunil Kumar Gupta
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
