Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
- Instead of immediately seeking personal presence.
Following the issuance of the notice, the Court should carefully consider the response of the alleged condemner and should decide the future course of action.
- If the original order lacks a specific timeline, the Court should consider granting an extension.
- If the order specifies a compliance deadline and difficulties arise, the Court should permit the contemnor to submit an application for extension.
- official appearing should be avoided unless there is a violation of the specified dress code applicable to their office.
- Courts must consider the complexities of decision-making before specifying timelines for compliance of orders. A reasonable time frame must be accommodated.
- If an order is passed and the government seeks a revision of the specified time frame, the Court may entertain such request and devise a reasonable time frame for the compliance of judicial orders.
- The Court should exercise caution and restraint while initiating contempt proceedings.
- In a proceeding issued for contempt for wilful disobedience of order, the Court should ordinarily issue a notice to the alleged contemnor seeking an explanation for actions, instead of immediately seeking personal presence.
- Following the issuance of the notice, the Court should carefully consider the response of the alleged condemner and should decide the future course of action.
- If the original order lacks a specific timeline, the Court should consider granting an extension.
- If the order specifies a compliance deadline and difficulties arise, the Court should permit the contemnor to submit an application for extension.
The Court passed these directions while setting aside the direction issued by the Allahabad High Court to take into custody two Secretaries of the Uttar Pradesh Government for alleged non-compliance of directions regarding the facilities to retired judges.
Last year, the Supreme Court had stayed the HC order, which took into custody the Special Secretary (Finance) and Secretary (Finance) of the Uttar Pradesh government over the non-compliance of directions to provide domestic help and other facilities for retired judges and directed their immediate release.
During the course of the hearing, Solicitor General of India Tushar Mehta requested the CJI to lay down guidelines on summoning government officials and submitted a draft SOP. The CJI agreed to frame the SOP. The draft SOP, among other things, suggested that before initiating contempt proceedings, the plea for review on behalf of the government must be considered by higher courts, if it is pointed out that certain points of law were not considered during adjudication.
Case Title : State of Uttar Pradesh v. Association of Retired Supreme Court and High Court Judges 2023 SC
