The Patna High Court summarily rejected a motion filed by an amicus curiae alleging contempt of court. The court held that there was no deliberate disobedience of earlier directions by the State of Bihar, making the question of contempt of court inapplicable. Hearing was held on 09-07-2014.
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 JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1470 of 2014
In
Civil Writ Jurisdiction Case No. 9314 of 2009
====================================================== In The Matter of Inmates Of Women Remand Home at Gaighat, P.S. Agamkuan, District Patna through K.M. Joseph Advocate- amicus curiae appointed by the Hon’ble Court in the connected writ petition.
.... .... Petitioner
Versus
====================================================== Appearance :
For the Petitioner/s : Mr. K.M.Joseph, Advocate For the Respondent/s : Mr. Nivedita Nirvikar, G.A. 10 Mr. M.D. Singh, A.C. to G.A. 10
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
And
HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)
4 09-07-2014 This petition has been filed by the learned advocate Mr. K.M. Joseph. He states that he had appeared before the Bench in C.W.J.C. No.931 of 2009 as amicus curiae. He,
Patna High Court MJC No.1470 of 2014 (4) dt.09-07-2014
2/3
therefore, has a right to bring this petition under the Contempt of Courts Act.
It is the case of the petitioner that the directions issued by this Court on 6th of July 2011 are not complied with by the respondents. The respondents thus are guilty of the Contempt Court.
The matter relates to the inmates of the remand homes who have attained the age of majority of 18 years and are still detained in the remand homes and those women who are mentally challenged.
The show cause filed by one Dr. Madhurendra Kishore, Director-in-Chief, Health Services, indicates that all efforts are made to ensure that the mentally challenged inmates get proper medical assistance; wherever required they are being shifted to the mental hospitals also.
The very nature of directions issued by this Court require a long time for compliance. Some of the matters may be subject-matter of litigation before one or the other Court. In absence of the order of the Court, the inmates may not be allowed to leave the remand home. In any event, those who have attained the age of majority can approach the concerned Court and seek their release.
Patna High Court MJC No.1470 of 2014 (4) dt.09-07-2014
3/3
In our opinion, the respondents cannot be said to have deliberately disobeyed the directions issued by this Court. The question of contempt of the Court does not arise.
M.J.C. is summarily rejected.
(R.M. Doshit, CJ)
(Ashwani Kumar Singh, J)
K.C.jha/U
2 issues framed by the court
Whether the respondents are guilty of contempt of court for non-compliance with earlier directions regarding detention of aged inmates in a remand home.
Whether a motion for punishment for contempt of court against the State of Bihar and constituted officers should be allowed.
K.M. Joseph (Advocate for amicus curiae)
State of Bihar through Chief Secretary
Principal Secretary, Welfare Department
District Magistrate, Patna
Chairman, Child Welfare Committee, Bihar
R.M. Doshit
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
