The Supreme Court of India recently found a tenant guilty of contempt for disobeying its order to hand over the property to the landlord.
Bench consisting of Justices JK Maheshwari and Rajesh Bindal emphasised that the power to punish for contempt is crucial for preserving the authority and functionality of the judiciary. Contempt of court, they noted, is a grave violation that goes beyond simply ignoring a court's authority, representing a serious threat to the principles of justice and the rule of law. Such defiance not only undermines the specific order but also damages public confidence in the judiciary’s ability to deliver justice impartially and effectively. Therefore, addressing contempt is essential to maintaining the rule of law and reinforcing the credibility of the judicial process.
The Court also stated that the power to punish contempt, enshrined in Article 129 of the Indian Constitution, is fundamental for ensuring respect for court orders and safeguarding the administration of justice.
In this case, the landlord had filed eviction suits against the tenant in 2003, and after several rounds of legal proceedings, including a Supreme Court dismissal of the tenant's petition in 2023, the tenant was given nine months to vacate the premises. Despite this, the tenant refused to comply, prompting the landlord to file a contempt petition.
After multiple failures to appear in response to court notices, a non-bailable warrant was issued for the tenant. Upon his eventual appearance, the tenant cited personal hardship and requested more time, but the Court found his explanations insufficient. Though held guilty of contempt, the Court gave a lenient sentence due to the tenant's age, sentencing him to a day’s detention until the Court's rising. The tenant was given one week to vacate the premises, after which police would enforce the eviction. He was also ordered to cover the costs of the non-bailable warrant and recovery of possession.
Source: Live Law
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