Supreme Court: Courts must use an iron fist against disobedient parties

NEW DELHI: The Supreme Court has criticized litigants, especially government authorities, for not complying with court orders and filing appeals or review pleas when facing contempt proceedings, saying courts should deal harshly with them otherwise public confidence in the judiciary will be eroded.A bench of Justices Ahsanuddin Amanullah and R Mahadevan also held that the defense of administrative impediment or even impossibility of executing the order cannot be invoked in contempt proceedings if the contemnor fails to inform the court within the stipulated time limit of the difficulty in executing its order. “Delay in filing appeals should have been the exception. But in recent years, the exception has actually turned into the rule. Orders passed by the courts have been chronically not complied with, and when contempt petitions are filed, delay in appeal is preferred and the delays are lengthy,” it said.SC: Litigants who disobey may face contempt of courtIt said: “We are unequivocally opposed to these practices. We believe that through this modus operandi, disobedient litigants are acting blatantly, which further reduces the authority and majesty of the courts and the rule of law and interferes with the administration of justice. In some cases, the same conduct is likely to border on criminal contempt of court.”The Supreme Court said the High Courts should deal with these “unscrupulous litigants with an iron fist, especially when they happen to be ‘State’ or similar bodies within the meaning of Article 12 of the Constitution”, adding, “Unless the High Courts and this Court deal with these issues with determination, we face a clear risk that the unshakable faith of ordinary litigants in this country in the judiciary at all levels will be eroded.” It is the solemn responsibility of all of us in the courts at all levels to ensure that the public’s faith never wavers.“Justice will be merciful but courts should make strong exceptions for dishonest litigants and examine whether the “liberal” jurisprudence around contempt of court needs a serious re-examination, the judges said. It also clarifies that contempt proceedings are not limited to parties who approach the court for non-implementation of orders but third parties/non-parties who are part of the chain of decision-making process will also be liable for contempt of court.“In simple terms, therefore, a party once obtaining or coming to know of an order of this court, if it continues to commit willful non-performance or willful non-compliance or any similar objection/violation of the order concerned, will face the full wrath of contempt of court, which is no longer reintegrable,” it said.The court passed a contempt order against Chhattisgarh government officials for failing to comply with the order regulating services of employees and gave them a last chance to implement the order within 15 days.