Shiv Ram vs Brijesh Narain Singh

Court No. - 10

Case :- CONTEMPT APPLICATION (CIVIL) No. - 5212 of 2019 Applicant :- Shiv Ram Opposite Party :- Brijesh Narain Singh, D.M. And Another Counsel for Applicant :- Vidya Prakash Singh

Hon'ble Mahesh Chandra Tripathi,J.

By order dated 25.4.2019 passed in Writ C No. 8820 of 2019 filed by the applicant, this Court directed as under:

"Considering the averments made at the bar, we pass the following order:

The petitioner is directed to move a suitable application in terms of the Government Order dated 9.5.2014 before the respondent no.3 within a period of three weeks from today, the respondent no.3 shall pass suitable orders and place the case of petitioners before the Committee concerned for considering the threat perception to the petitioners and suitable orders shall be passed thereupon by the District Level Committee within a period of three months from the date of production of a certified copy of this order taking into account the judgement of the Supreme Court in the case of Mahender Chawla and others vs. Union of India and others (supra).

Till the decision is taken by the District Level Committee on the application for grant of security to the petitioners, the respondent no.3 is directed to provide security forthwith to the petitioners and ensure that the life and liberty of the petitioners is safeguarded.

The directions are being issued in view of the peculiar facts and circumstances of the case and shall not be treated as precedent. The respondent no.3 is further directed to send the compliance report indicating as to what security has been provided to the petitioners in terms of this order within a period of three weeks from today by means of communication addressed to the Registrar General of this Court. The Registrar General is directed to keep the said compliance report on record in this case.

We grant liberty to the petitioners to approach in case the compliance is not done by the respondent no.3 as directed. above.

The writ petition is disposed off in terms of the said directions.

Learned standing counsel is directed to communicate this order to the District Magistrate and the Senior Superintendent of Police, District Gautambudh Nagar. "

The record in question reflects that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.

Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the writ Court within three weeks from the date of production of a certified copy of this order.

The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof.

The opposite party shall comply with the directions of the writ court and intimate the order to the applicant through the self- addressed envelope within a week thereafter.

With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.

Order Date :- 16.8.2019 A.K.Srivastava