Dear Mr Basudeb Das,
The outcome of the CCP hearing in the PB & H HC at Chandigarh which was reported by others has also been reproduced in the "Eastern News-April 2014" as follows:
- "LIC Advocate told that chandigarh high court judgement is based on Jaipur high court verdict and a similar contempt petition has been dismissed at Jaipur with liberty to seek clarification. So we assure that whatever clarification is issued at Jaipur high court that will also be implemented here. Judge accepted plea of LIC Advocate adjourning case to 7th July, 2014."
We should remember that these words have not been exactly reproduced in the HC Order dt 26/3/2014. The HC has only ordered adjournment of the case for 7th July 2014.
Linking the Contempt Petition at another High Court with the CCP of the present Court cannot logically be done. The CCP at Jaipur is already disposed of. There has been no application in the Jaipur Bench by Mr Asthana for any clarification as per the liberty granted by the said court while dismissing the contempt petition as withdrawn. Supposing no clarification is sought in Jaipur Bench till 7th July 2014, will the Chandigarh HC adjourn it indefinitely waiting for clarification from Jaipur Bench? What if Mr Asthana decides not to seek any clarification despite the liberty granted to him? Will the Chandigarh HC dismiss the Contempt Petition?
So, in my view, the reported plea of LIC counsel of linking the unsought clarification from Jaipur Bench to the CCP is not logically tenable and the CCP at Chandigarh will, in my opinion, be independently decided by considering whether the judgment of the said court has been implemented or not. LIC has clearly adopted a dilatory tactic by taking a frivolous ground. If LIC has any doubts on the Chandigarh HC Order, it is for them to seek clarifications from the same Court.
Let us see what happens on 7th July 2014.
Kind regards.
C H Mahadevan