J&K HC | Stay application rejected considering that applicant already filed independent motion in contempt petition for deferment of  proceedings

Jammu and Kashmir High Court: The Bench of Tashi Rabstan, J., dismissed the application filed for seeking stay of contempt proceedings pending in the contempt petition on the ground that the applicants/respondents had already filed a review petition for review of judgment/order, implementation of which was sought by the writ petitioner by filing the contempt petition.

The facts of the case were that the Court had given direction to the applicants/respondents to consider the claim of writ petitioner as per the rules occupying the field and having regard to the judgments/orders passed in a prior case which was applicable to the case of writ petitioner. Against the said order, the applicants/respondents filed a review petition along with an application for condonation of delay; writ petitioner also filed a contempt petition seeking implementation of judgment/order. In the contempt petition, the Court vide an order directed the applicants either to comply with the judgment or produce before the Court the order, if any, passed in the review petition. Against the said order, the applicants/respondents filed the instant application in the review petition seeking to stay of contempt proceedings pending in the contempt petition.  The writ petitioner’s contention was that the application was to be dismissed simply on the ground that the applicants/respondents had already filed an independent motion in the contempt petition for deferment of contempt proceedings till the time the review petition was decided by the Court.

The High Court was of the opinion that the application could not be allowed. It was observed, “The present application deserves to be dismissed simply on the ground that on perusal of the application it reveals that the applicants/respondents have already filed an independent motion in the contempt petition for deferment of contempt proceedings till such time the review petition is decided by this Court. Further, the applicants/respondents have not stated that under which provision of law they have filed the instant application in the review petition thereby seeking staying of contempt proceedings”. Furthermore, the Court, noting the statements made by counsel for the applicants/respondents, held that they had already complied with the judgment/order. The application was thus dismissed. [Syed Mohammad Hafiz v. State of J&K, 2019 SCC OnLine J&K 176, Order dated 27-02-2019]

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