Sentence/Sentencing – Sentencing for contempt – Contemnor (PK) married ‘S’ (Indian citizen) – Initially they had stayed in Kenya but on returning to India their son was born – Son and ‘S’ stayed in India – A guardianship petition was filed by the contemnor before the District Court for declaration and legal guardianship of his son – Petition was allowed by the order of the Court – ‘S’ challenged the said order before the High Court – High Court affirmed the order of District Court – ‘S’ Challenged the decision of the High Court before Supreme Court – The Supreme Court affirmed the finding of the High Court and custody of son was given to contemnor – ‘S’ filed M.A complaining of total and absolute disobedience of Supreme Court’s orders – The Supreme Court passed the judgment and recalled its earlier orders and convicted the contemnor for civil and criminal contempt of Supreme Court – The instant proceeding is for imposition of sentence – Held: Facts of the case demonstrate that the contemnor had deliberately and with clear intention had committed act of contempt – Willful disobedience of the judgment, direction and order of Court coupled with willful breach of the undertaking given by the Court constitute civil contempt – Further, the act of contemnor lowers the authority of Court – The contemnor has interfered with the due course of judicial proceedings and obstructed the administration of justice which constitutes criminal contempt – Contemnor directed to be punished with simple imprisonment for a term of six months for civil contempt of Court for his acts of deliberate and willful disobedience of the orders passed by Supreme Court and to pay a fine of Rs. 12,50,000/- (Twelve Lakhs Fifty Thousand), in default he shall further undergo simple imprisonment for one month; b) Punished with simple imprisonment for a term of six months for criminal contempt of Court for obstructing the administration of Justice and lowering the authority of Supreme Court and to pay a fine of Rs. 12,50,000/- (Twelve Lakhs Fifty Thousand), in default he shall further undergo simple imprisonment for one month – Sentences to be served consecutively – Constitution of India – Art.129.
Pallav Sheth v. Custodian and Others (2001) 7 SCC
549 : [2001] 1 Suppl. SCR 387 ; Re: Vijay Kurle and Ors. (2020) SCC online SC 407; Zahira Habibullah Sheikh and Anr. v. State of Gujarat and Ors, (2006) 3 SCC 374 : [2006] 2 SCR 1081 ; and Afzal and Anr. v. State of Haryana and Ors, (1996) 7 SCC 397 : 1996
(1) JT 328 ; Subrata Roy Sahara v. Union of India and ors. (2014) 8 SCC 470 : [2014] 12 SCR 573 ; Supreme Court Bar Association v. Union of India and anr. (1998)
4 SCC 409 : [1998] 2 SCR 795 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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