court order not obeyed
Querist :
Anonymous
(Querist) 01 September 2010
This query is : Resolved
Pls advise on procedure to follow when high court order has not been complied with.
I filed a case regarding Forgery and Cheating against Mr.X. when he has forged my signature on a release deed.
Case registered against Mr.X in Tirunelveli. He gets A.Bail from Madurai High Court. I file for cancellation of Bail and producing Original Release Deed to Police for scribe verificateion. Mr.X gives evasive replies and does not provide Original Deed.(since he very well knows that it is a Forged deed)
The Madurai H.C. passes an order to provide Original deed to police within 8 weeks. It is more than 10 weeks and still Mr.X has not provided the deed. what proedure should I follow, pls advise.
s.subramanian
(Expert) 01 September 2010
You can file proceedings for contempt of court against him in high court.
G. ARAVINTHAN
(Expert) 01 September 2010
First take steps to file contempt
Sameer Sharma
(Expert) 07 September 2010
The fluid, yet valid, concept of 'contempt of court' keeps judges under the rule of law; for, personal liberty, under our constitutional order, is protected by a processual armour, even if its deprivation be the product of the judicial process.
The High Court hortatively told the Union of India that the law is the King of Kings and, admonished in high-sounding style
Rule of law in this country, realise understand and literally and faithfully implement the judicial pronouncement by showing respect to law All the officers, the citizens in general, the litigants and the State functionaries in all seriousness should keep the following internal saying of the great jurist Maharshi Manu as uppermost in our mind, i.e. 'Law is the King of Kings-far more rigid and powerful than they, there is nothing higher than law; and by its powers the weak shall prevail over the strong and justice shall triumph'. I wish this should not only be exhibited as the guide lines in all Government offices, important public institutions, street-corners and road corners but acts upon both in letter and spirit by all irrespective of the office, profession, status and assignment which one holds in life.
Any violation of any of the directions issued by Court by any rank of police in the country or member of the jail establishment shall be summarily punishable under the Contempt of Courts Act apart from other penal consequences under law.
