Summary
The Supreme Court found Deoki Devi guilty of civil contempt for fresh construction and residential/commercial use of disputed property despite its interim injunction and her earlier undertaking. Her maintenance explanation was contradicted by the undisputed photographs, and a conditional willingness to apologize was no apology. The Court imposed three months’ simple imprisonment and a Rs.2,000 fine, suspending imprisonment on compliance with the companion appeal’s removal-and-possession directions.
Issues
- Whether the fresh construction and use wilfully violated the interim orders and earlier undertaking.
- Whether the explanations and conditional apology mitigated the contempt.
- What punishment and compliance condition should apply.
Held
- The earlier contempt proceeding had closed on the undertaking that the remaining structure would not be used for habitation pending appeal. The subsequent photographs showed a different, substantial new house and residential/commercial use, contradicting the maintenance and neighbouring-property explanations. The Court found wilful and knowing disobedience of its injunction and solemn undertaking. (¶¶ 1, 2, 3, 4, 5, 6)
- If protection or maintenance genuinely required action inconsistent with the order, the proper course was to seek modification or fresh directions from the Court. The respondent could not act unilaterally in violation of the injunction. (¶ 4)
- A statement merely offering to tender an unconditional apology if the actions were found to violate the order was not an apology. No apology had actually been tendered, and age was the only redeeming factor identified. (¶¶ 7, 8)
- The Court sentenced the contemnor to three months’ simple imprisonment and a Rs.2,000 fine. Imprisonment was suspended on condition of compliance with the companion appeal’s direction to remove the construction at her own cost and give vacant peaceful possession within thirty days. Compliance would absolve imprisonment; default would require serving it. (¶¶ 8, 9)
Result
Civil contempt established; three months’ simple imprisonment and Rs.2,000 fine imposed, with imprisonment conditionally suspended on compliance with the companion appeal’s directions. Matter listed for 2 April 2018 to ensure compliance.