SC issues contempt notice to Manipur HC saying ‘HC seems to be considering itself bigger than SC…’
The Supreme Court has strongly reprimanded the Manipur High Court for disobeying its order and has issued a notice of contempt. Hearing a petition related to the promotion of a High Court employee, Justice MR Shah in the Supreme Court said that it seems that the High Court has started considering itself bigger than the Supreme Court. Tell the Chief Justice not to make this an issue of ego, it is very unfortunate that the High Court could not understand our orders.
What is the whole matter?
The matter pertains to a petition by an Assistant Registrar of the Manipur High Court. The petitioner had pleaded that he should have been promoted on the basis of seniority and merit, but was not promoted on the basis of his ACR Annual Confidential Report (ACR). According to the petitioner, even if the ACRs of 2016-17 and 2019-20 are ignored, the promotion should have been given on the basis of the remaining ACRs of the period of 5 years.
Hearing this application, on February 24, 2023, the Supreme Court directed the High Court to promote the petitioner on the basis of two SCRs, ignoring three ACRs out of 5 years. But the matter of the order of the Supreme Court did not happen.
What did the Supreme Court say?
During the hearing in the Supreme Court, Justice MR Shah asked the lawyer appearing for the High Court, ‘Why are you now calling new DPCs (Departmental Promotion Committee) for 8 other people? Tell your High Court that our order was very clear. We had said that out of 5 years, three ACRs were to be ignored and 2 were to be considered. In such a situation, promotion was to be given to the petitioner… Don’t make it an issue of cow. The High Court is looking after the work of the administration, so there should be a transparent system for everyone. Go and tell your Chief Justice… Don’t make it an issue of ego.
Does the High Court not understand our order?
Justice Shah asked – where was the pressure to consider other people? Only the case of the petitioner was to be considered. Does the High Court not understand our order? Our order was very clear. Tell the Chief Justice to consider the petitioner’s case. There is no question of confusion. We do not care whether there are 6 posts or 60 or 600 posts. Good means only the original petitioner and we had said in our order that his three ACRs are to be ignored.
The lawyer said – If the order could not be understood, the judge got upset
On this remark of Justice Shah, the counsel appearing for the High Court said that perhaps the High Court could not understand the order of the Supreme Court properly. Justice Shah reiterated on this – Our order was absolutely clear. According to a report in Live Law, Justice Shah further said- ‘Do you want us to initiate contempt proceedings? Our order was very clear… It seems that the High Court has started considering itself bigger than the Supreme Court. We are issuing contempt notice…! ,
Supreme Court asked for report in 2 weeks
On the other hand, Justice CT Ravi Kumar, the second judge of the bench, remarked- ‘The words used by the Supreme Court in its order, it was written that the petitioner’s case should be considered afresh. Where is the confusion in this? There is no confusion at all. The Supreme Court has directed the High Court to comply with its order and submit a complete report within 2 weeks.
What is contempt of court?
Contempt of Courts means the crime of showing disrespect to the prestige or authority of the court. It comes under the Contempt of Court Act 1971. Contempt of Court is divided into two parts – Civil and Criminal. Civil Contempt means willful non- compliance of an order of the court. Criminal Contempt means bringing contempt or interference or influence to the Court.
What is said in the constitution?
Article 129 of the constitution empowers the court to punish for its contempt. Sub- clause 2 of Article 142 empowers the Supreme Court to punish or inquire into any person for contempt of itself. Similarly, Article 215 of the Constitution empowers the High Court to punish for contempt.
What is the punishment for contempt of court?
Talking about punishment in Contempt of Courts, Section 12 of the Contempt of Court Act-197 provides for simple imprisonment of 6 months or a fine of up to Rs 2000 or both.
