At the outset, I seek indulgence of Shri M.Sreenivasa Murty for my mistakes in not clearly presenting my plea not to go ahead with filing of petition of contempt of court against LIC for their failure to act on the Supreme Court's order dated 07-05-2015 to pay to the 'petitioners' (?) 20% of the money deposited in the Courts etc. I may be permitted to say a few words in elaboration, in amplification.
The cases/ the matter relating to 20% payment - is being pursued. The contempt case already at Chandigarh High Court has to and will be pursued to its logical end. Shri M.S. Murty-ji, in Advocate's capacity displayed legal prudence on 22-07-2015 to obtain an order to keep LIC in tenterhooks. Some percentage of the contempt case has since been won.
I do not know whether Shri Ramanathan is in the same wave length as of mine. We and few others have expressed against filing contempt petitions in case the LIC fails to act as directed by the Supreme Court on 07-05-2015. Some pensioner friends here and there have been nurturing all hopes of getting full DR and updation once the hearing in the SC starts on 23-09-2015. Because, the Hon. Justice Dipak Misra and Hon.Justice Prafulla. C. Pant have written a preface to the judgement (book) pages by granting 20% of the deposited amount.. etcetera. It is like a prologue to an anthology or to a drama - to be enacted.
As all readers of LIC PC have been informed / know that Hon. Justice Dipak Misra and Hon. Justice Abhay Manohar Sapre recently (on 01-07-2015) decided in favour of pensioners : State of Rajasthan v/ s Mahendra Nath Sharma & others. Hon.Justice Misra is one of the two judges who ordered judgement of 7th May.
The suggestion not to move contempt petitions in the present case of 7th May was with the sole purpose of not causing, bringing impediments, not getting distracted by smaller issues, while most important issues are being sorted out / finalised in a few months.
Besides the above, there is a problem. Hardly any one is very clear about the 'length, breadth and depth' of the 7th May, 2015 ' direction / s ' of the Supreme Court. It had also not been possible to obtain clarification as there was not much of time ; the Court were about to close for long vacation.
Hon. Justice J M Panchal and Hon. Justice Gyan Sudha Mishra of the Supreme Court have ruled regarding Contempt of Court as under :
Contempt of Court arises only on conscious and wilful disobedience of the court's order, not merely on assumptions or inferences drawn.
If an order is capable of more than one interpretation giving rise to to variety of consequences, non- compliance of the same cannot be held as wilful disobedience of the order so as to make out a case of contempt.
SN ( a 1992 pensioner )
( From Sources )
( From Sources )