This contempt petition was disposed of after the accused tendered a belated apology for non-compliance. Orders were made quantifying costs and discharging the contempt notice with a payment condition.
Contempt notice discharged subject to payment of Rs. 10,000/- costs to the complainant within one month.
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 28TH DAY OF JANUARY, 2021
PRESENT
THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND
THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM
C.C.C NO.220 OF 2020 (CIVIL)
BETWEEN:
SMT. MANJULA W/O NAGARAJU AGED ABOUT 56 YEARS R/OF AREBINNAMANGALA VILLAGE, JALA HOBLI BENGALURU NORTH TALUK BENGALURU DISTRICT – 562 129
... COMPLAINANT
(BY SHRI BASAVARAJU P, ADVOCATE)
AND:
BENGALURU – 560 001
REP. BY PRINCIPAL SECRETARY
... RESPONDENT No.3
(VIDE ORDER DATED 04.12.2020)
(BY SHRI B.V.KRISHNA, AGA)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT READ WITH SECTION 215 OF THE CONSTITUTUION OF INDIA PRAYING TO INITATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED PERSONS FOR HAVING WILLFUL DISOBEDIENCE FOR NON-COMPLIANCE OF THE DIRECTION & ORDER PASSED BY THE HON’BLE SINGLE JUDGE OF THIS HON’BLE COURT IN W.P.NOS.28938-28939/2019 (KLR-RES) DATED 05.09.2019 VIDE ANNEXURE-A, ETC.
THIS CCC COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
In terms of the order dated 25th January 2021, the Registrar (Administration) has submitted a report which records that the accused No.2 was given an entry after he produced his Government Identity card and after he disclosed that he wanted to meet and discuss a case with the Additional Government Advocate. He has stated that the accused No.2 was never allowed to enter the corridors of the Court. The Registrar (Administration) has stated that the High Court Security Police staff has been directed to be vigilant and take necessary precautions. In view of the report submitted by the Registrar (Administration), no further action is called for in this behalf. The report shall be resealed and kept on record.
with the order of which breach is complained of by issuing a sagulavi chit. The accused are present through video
conferencing. They have tendered apology for the delay. The direction contained in paragraph 8 of the order dated 5th September 2019 was to be complied with within six weeks from the date of receipt of a copy of the order. Annexure-B1 shows that the accused No.2 was put to notice about the said order by a letter dated 25th September 2019. Thereafter, a legal notice was served upon both the accused which is of 16th November 2019. Notwithstanding the service of the legal notice, for a period of more than one year, the accused have not complied with the direction contained in paragraph 8 of the aforesaid order.
4. Accordingly, we pass the following order:
ii) The contempt petition stands disposed of;
Sd/-
CHIEF JUSTICE
Sd/JUDGE
AHB
1 issue framed by the court
Whether to accept the delayed apology and impose costs for non-compliance with the earlier order dated 05.09.2019.
State of Karnataka
Abhay S. Oka
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
