Secretary Found Guilty of Willful Disobedience, Ordered to Reinstate Demolished Structures and Pay Compensation
In a recent judgment, the Andhra Pradesh High Court has upheld the conviction of V. Seenaiah, the Secretary of Brahmadevam Gram Panchayat, for contempt of court, sentencing him to civil imprisonment for two months. The case, titled "V. Seenaiah v. Nellore Sudhakar," revolved around the Secretary's willful disobedience of a court order, which instructed the Gram Panchayat to maintain the status quo on a disputed property.
The judgment stems from a contempt petition filed by Nellore Sudhakar and others, who alleged that the Secretary, despite being aware of a court order dated March 8, 2018, proceeded to demolish structures on the property on March 19, 2018. The court had previously ordered the Gram Panchayat to maintain the status quo until the writ petitioners could file an explanation regarding a survey report.
The High Court, in its detailed judgment, rejected the appellant's defense that the order was not officially served and emphasized that knowledge or intimation of the order is sufficient to hold someone in contempt. The bench, comprising Justices Ravi Nath Tilhari and Subhendu Samanta, noted that the Secretary, represented by standing counsel, was aware of the court's directives and had failed to comply, demonstrating a deliberate and willful disregard for the rule of law.
In addition to the imprisonment, the court has directed the Secretary to reconstruct the demolished structures to restore the property to its original state and compensate the affected parties with ?10,000 each. The court clarified that restitution is necessary to nullify any advantages gained through contemptuous actions.
The judgment also highlighted the importance of adhering to court orders, stating that the majesty of law demands adequate punishment for contempt and restitution for victims. It reinforced the principle that knowledge of a court order is sufficient for compliance, even if the order has not been officially served.
The judgment serves as a stern reminder to public officials about the consequences of flouting judicial orders and underscores the judiciary's role in upholding the rule of law and ensuring justice.
Bottom line:-
Contempt of Court - Willful disobedience of a court order, even without official service of the order, is punishable if the contemnor had knowledge or intimation of the order and deliberately violated it.
Statutory provision(s): Contempt of Courts Act, 1971 Section 19
V. Seenaiah v. Nellore Sudhakar, (Andhra Pradesh)(DB) : Law Finder Doc id # 2945259
