The court disposed of a contempt petition filed under the Contempt of Courts Act, 1971, citing a Supreme Court stay order. Liberty was granted to the complainant to revive or file a fresh petition if the Supreme Court confirms the order without subsequent implementation.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF NOVEMBER, 2020
PRESENT
THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE S.VISHWAJITH SHETTY
C.C.C. NO.415 OF 2020 (CIVIL)
BETWEEN:
SMT.BHARATHI S W/O H.V.RAVIKUMAR AGED ABOUT 32 YEARS R/AT HEGGADIHALLI VILLAGE AND POST DODDABALLAPUR TALUK BENGALURU RURAL DISTRICT BENGALURU – 561 205
… COMPLAINANT
(BY SHRI RAJASHEKAR, ADVOCATE ALONG WITH SHRI D.R.RAVISHANKAR, ADVOCATE)
AND:
BENGALURU – 560 001
PUBLIC INSTRUCTIONS K.R.CIRCLE, NRUPATHUNGA ROAD BENGALURU – 560 001
ASSISTANT TEACHERS DEPARTMENT OF PUBLIC INSTRUCTIONS K.G.ROAD, BENGALURU – 560 001
… ACCUSED
(SHRI B.V.KRISHNA, AGA FOR ACCUSED 4 AND 5 ACCUSED NOS.1 TO 3 – CONTEMPT PROCEDINGS DISMISSED VIDE ORDER DATED 10.09.2020)
THIS C.C.C. IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AS AGAINST THE ACCUSED FOR HAVING VIOLATED THE ORDERS DATED 31.01.2020 PASSED BY THIS HON’BLE Court IN W.P.NO.51904/2019 AT ANNEXURE-A HEREIN, AND PASS SUCH OTHER ORDER AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES FO THE CASE.
THIS C.C.C. COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Perused the memo dated 23rd November 2020 and the order of the Apex Court dated 16th November 2020 enclosed therewith. By the said order, notice has been issued on the special leave petition filed by the State Government for challenging the order dated 31st January 2020 of which breach
is alleged. The notice issued has been made returnable in 12 weeks and the operation of the judgment and order dated 31st January 2020 has been stayed.
Sd/CHIEF JUSTICE
Sd/JUDGE
AHB
2 issues framed by the court
Whether the contempt petition should remain pending in light of a stay order by the Supreme Court.
Whether to grant liberty to the complainant to revive or file a fresh contempt petition if the Supreme Court confirms the order without implementation.
1 provisions across 1 enactments
Bharathi S W/O H.V.Ravikumar
S.R.Uma Shankar
State of Karnataka
Department of Education
Jagadeesh
S.Geetha
Abhay S. Oka
S. Vishvajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
