2006 (1) TMI 646 - SC - Indian Laws

Initiation of contempt proceedings - directions given form the subject matter of challenge - default in complying with the directions - whether the earlier decision which has received its finality had been complied with or not? - HELD THAT - If any party concerned is aggrieved by the order which in its opinion is wrong or against rules or its implementation is neither practicable nor feasible it should always either approach the court that passed the order or invoke jurisdiction of the appellate court. Rightness or wrongness of the order cannot be urged in contempt proceedings. Right or wrong the order has to be obeyed. Flouting an order of the court would render the party liable for contempt. While dealing with an application for contempt the court cannot traverse beyond the order non-compliance with which is alleged. In other words it cannot say what should not have been done or what should have been done. It cannot traverse beyond the order. It cannot test correctness or otherwise of the order or give additional direction or delete any direction. That would be exercising review jurisdiction while dealing with an application for initiation of contempt proceedings. The same would be impermissible and indefensible. We notice that pursuant to the direction given by the High Court the exercise directed to be undertaken was in fact undertaken. The respondent was given promotion and in the meantime he has retired. That being so it is not necessary to go into the correctness of the direction given except clarifying the position in law. The appeal is accordingly disposed of.

Summary

Issues:
Contempt proceedings based on non-compliance with court directions.

Analysis:
The appeal challenges a contempt proceeding order from the Madhya Pradesh High Court. The respondent had filed a writ petition which led to certain directions being issued. Alleging non-compliance, a contempt petition was filed. The appellants claimed compliance, and the single Judge dropped the contempt proceeding, deeming the explanation reasonable. The Judge noted that the actions did not show contempt. However, further directions were issued, leading to the appeal. The appellants argued that post finding no contempt, additional directions lacked legal sanctity, opposed by the respondent's counsel.

In contempt cases, the court's focus is on whether earlier decisions were followed, not on reviewing those decisions. The court cannot reevaluate a final decision or issue a different one. The contempt court's role is to address contumacious behavior regarding compliance with judgments. If a party disagrees with a judgment, they must appeal to a higher court rather than challenging it in contempt proceedings. Precedents like Niaz Mohd. v. State of Haryana and Prithawi Nath Ram v. State of Jharkhand emphasize this principle.

Regarding impossibility to comply with directions, the case law in T.R. Dhananjaya v. J. Vasudevan highlights that parties cannot circumvent court orders by claiming impracticality. Parties must promptly appeal unfavorable orders instead of ignoring them until contempt proceedings arise. Parties must obey court orders regardless of their opinion on the order's correctness. Contempt courts cannot review or modify orders but focus solely on compliance.

In this case, the High Court's direction was followed, resulting in the respondent's promotion before retirement. Thus, the need to assess the direction's correctness is unnecessary, clarifying the legal position. The appeal is disposed of without costs.