High Court emphasizes on the inherent powers of the court to enforce its orders, granting police support to ensure compliance with judicial directives.
In a pivotal decision, the Rajasthan High Court has overturned an earlier order by the Additional Civil Judge No.1, Jodhpur Metropolitan, which had denied police assistance for the implementation of an existing ad interim injunction order concerning the renovation of a temple. The High Court's decision, delivered by Justice Farjand Ali, underscores the judiciary's role in ensuring that its orders are respected and effectively implemented.
The case, titled "Shri Mahadev Ji Kaluram Ji Ki Bawdi v. Shri Milap Singh," revolved around the petitioner, who had sought police assistance under Section 151 of the Civil Procedure Code, 1908, to facilitate the renovation work of the Temple of Lord Mahadeva. The petitioner argued that the renovation was obstructed by the respondents despite an ad interim injunction order dated 3rd July 2025, which restrained any interference in the temple's renovation.
The trial court had previously rejected the application for police assistance, suggesting that the petitioner should pursue punitive measures under Order XXXIX Rule 2-A of the CPC for the alleged disobedience of the injunction order. However, Justice Ali highlighted the distinction between punitive proceedings and the need for immediate enforcement of judicial orders. The High Court clarified that the essence of Section 151 CPC lies in the court's inherent powers to ensure that its orders are not mere paper decrees but are implemented in substance.
Justice Ali stressed that the implementation of judicial orders is the exclusive prerogative of the court, which does not require the consent of the party against whom the order operates. He further noted that any obstruction to the enforcement of a judicial order strikes at the root of the rule of law and warrants immediate intervention by the court.
The judgment also touched upon the sensitive nature of the case, which involved a place of worship. Justice Ali pointed out the potential for public dissatisfaction and disturbance to communal harmony if the judicial order was not enforced, emphasizing that preventive justice is preferable to remedial justice.
The High Court's order mandates the Additional Civil Judge No.1, Jodhpur Metropolitan, to instruct the local police authorities to provide necessary assistance to the petitioner, ensuring the peaceful and smooth execution of the temple's renovation. The police are directed to facilitate the implementation of the judicial order without allowing either party to exceed the scope of the injunction.
This decision reaffirms the judiciary's commitment to upholding the majesty of law and maintaining public confidence in the administration of justice.
Bottom line:-
Police assistance can be granted under Section 151 of CPC for the implementation of an existing ad interim injunction order, even in situations where obstruction occurs, as it strikes at the root of the rule of law and constitutes an emergent circumstance warranting judicial intervention.
Statutory provision(s): Section 151 of the Civil Procedure Code, 1908, Order XXXIX Rule 2-A of the Civil Procedure Code, 1908
Shri Mahadev Ji Kaluram Ji Ki Bawdi v. Shri Milap Singh, (Rajasthan) : Law Finder Doc id # 2946739
