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Thursday, January 23, 2014



For once, unlike all the adjournments in the past mostly sought by LIC on flimsy grounds, the short adjournment till Feb 6, with a direction to LIC to file an Affidavit, should be a welcome development. To me it looks like, the Judge is giving a long rope to LIC. Now the alleged contemnor has to explain on oath what it has done following SC Order dated 30 Sept 2013 and if nothing is done as we all know, to implement the HC Order, why it was not done and by this process it will get established clearly on record that there is a willful disobedience of even the Apex Court's Order. Even after getting a fair opportunity now gracefully given by the HC , if the alleged contemnor fails to clear itself, such a defendant is more likely to be held guilty of contempt and liable for the punishment that follows. 

There is another important angle; Any adverse order passed against the Corporation in the ongoing proceedings, is certain to be carried in appeal to Supreme Court. In such an event, when the HC Order comes for scrutiny before the SC, the Order under appeal should be good enough to sustain in law, in equity and on the doctrine of balance of convenience. HC is therefore fully justified in ensuring that its Order in the offing, cannot easily be set aside but will be upheld on merits. 

The law of contempt is very interesting. Let us hope that the prevailing pressure for a just cause, works to the advantage of the hapless pensioners. Ironically, the real culprit behind the whole mess is the Union Government while LIC top management may have to pay the price for being part of a 'system' that stinks. 

Kudos to KMA & Co. So far so good. 

m. sreenivasa murty