The Madras HC initiated contempt proceedings against State
Home secretary and other concerned officials for failure to comply with its
earlier order for the release of a life convict. The Divisional Bench directed
the Registry to issue satisfactory notices to the concerned officials. Passing
orders passed on a HC contempt petition filed by the mother seeking release of
her son the Bench said despite the order passed by the court on November 13 the
same has not been complied with by the respondent under the pretext that the ADGP of prisons was awaiting orders from
the Government and prayed for time.
“Highly dissatisfied with the conduct of the Respondent we are forced to issue contempt notice against the Home Secretary to pass appropriate order according to the Superintendent of prisons. It is needless to add that when an order is passed by the court as early as November 13 there is no justification on the part of the respondent police to await orders of the Government. The order of the court should be complied with in letter and spirit without any hesitation", the Bench said.
“Highly dissatisfied with the conduct of the Respondent we are forced to issue contempt notice against the Home Secretary to pass appropriate order according to the Superintendent of prisons. It is needless to add that when an order is passed by the court as early as November 13 there is no justification on the part of the respondent police to await orders of the Government. The order of the court should be complied with in letter and spirit without any hesitation", the Bench said.
- It could be anybody’s conjecture that on 3-1-2014 Respondent LIC may come with a plea that the pension rules have to be amended and Gazetted before action to flow. If it were to be so SBI WP(C) 27929 OF 2003 comes to my mind wherein the judgment says that if SBI pending amendment to the pension rules decides to pay an adhoc payment that also to be uniformly applied to all the retired employees irrespective of cut off dates.
- That the judiciary is not subordinate to the Executive has so far been established in several cases and it is with this hope we withstood the annoying long legal battle and this is not the time for us to do a postmortem but have a little more patience to enjoy the fruits of our victory.
R.K.VISWANATHAN