Contempt jurisdiction unaffected by merger doctrine: Madras HC directs compliance with Deepathoon lighting orders
“Before law all are one and no one can claim immunity merely because they happen to hold high offices.”
“Before law all are one and no one can claim immunity merely because they happen to hold high offices.”
In contempt of a custody order of the Court, the alleged contemnor had taken the children from Hyderabad to Bhopal without the permission of the contempt petitioner.
Delhi High Court upheld the Central Government’s independent exercise in contempt jurisdiction, emphasizing adherence to the original judgment’s directives and refraining from issuing supplementary orders. The decision underscores the judiciary’s cautious approach in contempt proceedings and affirms the sanctity of court orders.
Supreme Court reiterated that in addition to punishing a contemnor for disobeying its orders, the Court can also ensure that such a contemnor does not continue to enjoy the benefits of his disobedience by merely suffering the punishment meted out to him.
“Merely because a subordinate official acted in disregard of an order passed by the Court, a liability cannot be fastened on a higher official in the absence of knowledge.”
by Vikramaditya, Practicing Advocate at Delhi