Subashchandra Modi Vs Sri Tushar Girinath — Contempt of Court | Karnataka HC (2025)

Subashchandra Modi Vs Sri Tushar Girinath — Contempt of Court | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No summons issued and no punitive action against the accused; the contempt complaint was closed, with a clarification that the complainant remains free to avail other remedies and/or seek further appropriate orders in the pending writ petitions.

Issue for consideration

Whether the accused committed willful disobedience of the order dated 08.07.2024 passed by the learned Single Judge in Writ Petition No.16381/2024 (directions to provide police protection for administering the trust property), warranting proceedings under Ss.11 and 12 of the Contempt of Courts Act, 1971.

Court's answer

Given the facts - including the subsequent modification of the 08.07.2024 order, the ambiguity surrounding Writ Petition Nos.18613/2025 and 13102/2025, and the pending writ proceedings - the Division Bench was unable to accept that there was any willful disobedience of the orders passed by the Court, and accordingly closed the contempt complaint.

Ratio / Principle

Clarified that the closure of the complaint will not preclude the complainant from availing his other remedies, considering that the accused has declined to provide police protection, and/or from seeking further appropriate orders in the pending writ petitions.

Detailed headnote1 paragraphs

Civil Contempt Petition (CCC No. 852/2025) filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 by the Managing/Sole Trustee of Padmabhushan Dr M C Modi Public Trust and Eye Hospital, alleging willful disobedience of the Single Judge's order dated 08.07.2024 in W.P.No.16381/2024 directing police protection for administering the trust property in terms of circular dated 17.03.2021. The Bench of Chief Justice Vibhu Bakhru and Justice C.M. Poonacha took note that the impugned order was reportedly modified on 27.08.2024 in W.P.No.19980/2024, that W.P.Nos.18613/2025 and 13102/2025 between the contesting parties remained pending with interim prayers on police protection, that the accused had communicated on 22.04.2025 its refusal to grant protection during pendency of Civil Court disputes, and that some ambiguity existed as to those orders. Holding that no willful disobedience was made out, the Court closed the complaint, while clarifying that the complainant is not precluded from availing other remedies or seeking further appropriate orders in the pending writ petitions.

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NC: 2025:KHC:47676-DB CCC No. 852 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF NOVEMBER, 2025

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO. 852/2025

BETWEEN:

SUBHASHCHANDRA MODI

Digitally signed by AMBIKA H B Location: High Court of Karnataka

S/O LATE MAHANTAPPA MODI AGED ABOUT 71 YEARS MANAING TRUSTEE AND SOLE TRUSTEE OF PADMABHUSHAN DR M C MODI PUBLIC TRUST AND PADMABHUSHAN DR M C MODI EYE HOSPITAL R/AT DR M C MODI EYE HOSPITAL COMPLEX, NO 701 WEST OF CHORD ROAD MAHALAKSHMIPURAM BENGALURU 560086

…COMPLAINANT

(BY SRI. NARAYANA BHAT M, ADVOCATE)

AND:

SRI TUSHAR GIRINATH THE SECRETARY DEPT. OF HOME VIDHANA SOUDHA BENGALURU 560001

2 - NC: 2025:KHC:47676-DB CCC No. 852 of 2025

HC-KAR

SRI M A SALEEM

THE DG AND IGP GOVT OF KARNATAKA NRUPATHUNGA ROAD BENGALURU 560001

SRI SEEMANTH KUMAR SINGH THE COMMISSIONER OF POLICE BANGALORE CITY INFANTRY ROAD BENGALURU 560001

SRI. H KRISHNAMURTHY THE ASSISTANT COMMISSIONER OF POLICE 2ND MAIN ROAD, NAGAPURA WEST OF CHORD ROAD STAGE 2 MAHALAKHMIPURAM BENGALURU 560086

STATE OF KARNATAKA REP. BY THE SECRETARY MINISTRY OF HOME AFFAIRS VIDHANA SOUDHA DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001

…ACCUSED

(BY SRI. NAVEEN CHANDRASHEKAR, AGA)

THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN PRAYS THAT THE HONBLE COURT BE PLEASED TO ISSUE SUMMONS TO THE ACCUSED AND TRY THEM FOR DISOBEYING AND NON-IMPLEMENTING THE ORDER DATED 08.07.2024 IN WP NO.16381/2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT PRODUCED AT ANNEXURE-J.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:47676-DB CCC No. 852 of 2025

HC-KAR

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL ORDER

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

The complainant has filed the present complaint alleging willful disobedience of the order dated 08.07.2024 passed by the learned Single Judge in Writ Petition No.16381/2024, whereby the learned Single Judge has issued directions to the respondents to provide the necessary police protection for administering the subject property in terms of the circular dated 17.03.2021.

It is contented on behalf of the learned counsel for the accused that the order dated 08.07.2024, the disobedience to which is alleged, was subsequently modified by an order dated 27.08.2024 passed by the same learned Single Judge in Writ petition No.19980/2024. He submits that subsequently two other writ petitions have been preferred, i.e., Writ Petition Nos.18613/2025 and 13102/2025, whereby the contesting parties have sought interim prayers directing that the accused be restrained from acceding to the complainant's request for grant of

4 - NC: 2025:KHC:47676-DB CCC No. 852 of 2025

HC-KAR

police protection for administrating the trust in question. In the said proceedings the accused has filed a communication dated 22.04.2025 submitting that it has declined to grant any protection during the pendency of disputes before the Civil Court.

It is also contended on behalf of the accused that protection to the properties can be granted only in certain specific circumstances.

There appears to be some ambiguity as to the orders issued, considering that in Writ Petition No.18613/2025, the Court has neither rejected the contention of the accused nor has made any observations regarding the submission of the accused to the effect that it had declined to provide police protection. Initially, a prayer for police protection was also made in Writ Petition No.13102/2025, but no orders were passed in the said writ petition and the same is pending.

Learned counsel for the accused also submits that the accused would seek an appropriate clarification from the Court in the disposed of Writ Petition No.16381/2024.

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NC: 2025:KHC:47676-DB CCC No. 852 of 2025

HC-KAR

In the given facts, we are unable to accept that there is any willful disobedience of the orders passed by the Court. The complaint is accordingly closed.

We clarify that this order will not preclude the complainant from availing his other remedies considering that the accused has declined to provide police protection and/or seek further appropriate orders in the pending writ petitions.

Sd/(VIBHU BAKHRU) CHIEF JUSTICE

Sd/(C.M. POONACHA) JUDGE

YKL List No.: 2 Sl No.: 21