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TMI Blog1972 (9) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... wo deities. The Additional Assistant Commissioner of Hindu Religious Endowments took action under s. 27 of the said Act for appointing an interim trustee of the deities. The person incharge of the deities made an objection under s. 41 of the said Act that the Act did not apply as the deities were consecrated under a private endowment made by him The Additional Assistant Commissioner rejected the objection by his order dated July 26, 1967. Without making any inquiry under s. 41, he held that prima facie there was a public endowment. He did not appoint the objector as a trustee of the deities. The objector filed a revision under s. 9 of the said Act before the appellant. During the period intervening between the rejection of the objection by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication under section 41 of the Act. No doubt the court can initiate such a proceeding, But we should not do it where the institution appears to be safely a public one, in this instance, a Siva temple." The applicant filed a writ petition in the High Court against this order. The Division Bench, on hearing the applicant, issued notice for contempt of the High Court to the appellant. The High Court took exception to the following sentence occurring at the end of paragraph 2 in his order : "Further, against the order we have moved the Supreme Court, and as such, the matter can be safely deemed to be sub judice." The appellant appeared before the High Court in response to the notice. According to him the apparently objectionable sentence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... today while disposing of a judicial proceeding and when found fault with has come up with the stand that he was acting administratively." After examining the matter further, the High Court said : "The conduct of the condemner far from being bonafide is clearly a malafide one and he intentionally avoided to follow the decision of this Court by advancing grounds which were most inappropriate." On that view of the matter the High Court found him guilty of contempt of court and admonished him in open court and directed him to pay Rs. 300 as costs of the proceedings. Shri Daphtary, counsel for the appellant, rightly did not seek to support the justification pleas. His argument now is that the appellant is not guilty of contempt of Court, for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is calculated to undermine public respect for the superior court and jeodardise the preservation of law and order. The appellant's case is to be examined in the light of the foregoing principles and analogy. The remark in the appellants order found objectionable by the High Court is this : "Further, against the order we have moved the Supreme Court, and as such the matter can be safely deemed to be subjudice." It may be observed that on the date of the order nothing was pending in the Supreme Court; only a petition was pending in the High Court for a certificate to appeal to the Supreme Court from the decision in Bhramarbar Santra. (I.L.R. 1970 Cuttack 54) The appellant has thus made a wrong statement of fact. Secondly, the use of .the per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act. This raises the question whether an administrative tribunal can ignore the law declared by the highest court in the State and initiate proceedings in direct violation of the law so declared. Under Art. 215, every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. Under Art. 226, it has a plenary power to issue orders or writs for the enforcement of the fundamental rights and for any other purpose to any person or authority, including in appropriate cases any Government, within its territorial jurisdiction. Under Art. 227 it has jurisdiction over all courts and tribunals throughout the territories in relation to which it exercise jurisdiction. It wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ious decision undermines the constitutional authority and respect of the High Court. Indeed, while the former conduct has repercussions on an individual case and on a limited number of persons, the latter conduct has a much wider and more disastrous impact. It is calculated not only to undermine the constitutional authority and respect of the High Court, generally, but is also likely to subvert the Rule of Law 'and engender harassing uncertainty and confusion in the administration of law. Our view that deliberate and malafide conduct of not follow- ing the binding precedent of the High Court is contumacious does not unduly enlarge the domain of contempt. It would not stifle a bona fide act of distinguishing the binding precedent, even thou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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