Can I file contempt of SC against the alleged violators
Many years back we had a license for manufacture of excisable goods issued by state government.
The business was carried out by a partnership firm for years until due to disputes some partners were forced to retire while others remained. At some point a government officer ordered reconstitution of the partnership. And this order was upheld by the HC.
However in a Writ petition in Supreme Court filed by my cousin, an existing partner, challenged the High court order which ordered deletion of named of retiring partners.
The Supreme Court upheld the petition prayer filed by my cousin. The honorable Supreme Court held that not a government official but only a trial court could decide after a fresh trial which names could be deleted. Now two managing partners who want the names of other partners deleted ( including mine) allegedly procured an order from the Excise minister who ordered deletion of names of the partners from the firm despite SC order! It appears that the minister was biased for obvious reasons. I also believe the two partners may have not informed the minister about the SC order otherwise he may have never dared do such a thing.
The excise minister may have violated Supreme Court order thereby committed contempt of court since Supreme Court in the month of April 2014 had clearly held that only a Trial court could decide deletion issue after a full trial, and not a minister or official.
The alleged order of the minister took place in August 2014(which contravenes SC order of April 2014)
MY QUESTION is: Some advisers of mine advised that I cannot file contempt of court as I was not a respondent in the case. But how can this advice be legally sound and prudent? Even though I was NOT the respondent in the case, it was my name that was deleted by the excise minister’s illegal order (which was against the Supreme Court ruling). Am I not an affected (aggrieved) party? And if I am can I not file a contempt petition against the two alleged partners who appear to have obtained the illegal order in collusion with the excise minister--- in direct contravention of the SC order of April 2014?
Since there appears to be a criminal collusion between the minister and the two alleged partners who appear to have “illegally motivated” the minister to perform this daringly illegal anti SC order act, do you think they can also be charged with criminal conspiracy and design to subvert the privilege and right of other people (like me whose name they illegally deleted, despite express SC order of April 2014). What IPC and Cr PC violation sections can they be charged with (apart from blatant Contempt of the apex Court)?
Asked in Criminal Law from United States
1. You need not go for contempt. File a fresh suit in lower court on formation of partnership in the line of SC order.
2. You can alternatively file a separate writ petition in high court to quash the order of the Minister on the line of SC Order already passed.
3. No criminal action lies against the act of the Minister.
1. The question here is not whether the fact that you were not the respondent operates as a bar to you initiating contempt proceedings. The question is whether contempt petition will stand its ground in the SC. The act of the minister to delete the names does amount to contempt of court, but it will be a borderline case as the minister will say that he was unaware of the SC order. So contempt proceedings may not produce the desired result.
2. The legal recourse which should be adopted is to move the High Court through a writ to challenge the order of the minister.
you may file a writ petition before HC against the minister's order.
you may file the contempt of courts petition against the party who go before the minister for illegal order without informing the real and true facts even they know about the SC order. but you have to proved that you are aggrieved by the order of the minister and the SC order is also related to you.
Advocate, New Delhi
1.If you can prove that the SC order was available to minister and he violated it with knowledge, then go about a contempt of court petition .At the same time a contempt of court proceedings will not give you any order
2. You can file if you are an aggrieved party in the issue and effected or suffered any loss.
3. For the relief you intend can be sought through filing a fresh civil suit on the basis of the SC order.
and of course a writ petition in the high court against the minister's order
1. You need not be the respondent of the case filed before the supreme court but you should have a locus standi to file the contempt petition,
2. If you want to take the Minister in to task, you can file a contempt petition,
3. If you file civil suit in lower court you will expedite deletion of your name as partner,
4. Let others file it and you oppose it if you want to continue to be shown as a partner of the said firm.
when your name could be deleted from the partnership deed by the said order of the supreme court then certainly you are the affected party and a necessary party to the petition. when a person affected by the order of the court then he can challenge that order on the ground that he is a necessary party and he has interest in the cause of action. so you can file a petition for contempt of court. right to hear is the principle of natural justice. any person affected by the court order has vested interest in that order and can plead in the court on the basis of that order.
but it is better for you to file civil suit before the district judge court and challenge the act of the minister. administrative action becomes void if it interferes in the domain of judicial jurisdiction. don't be in hurry and approach ti the supreme court it will not be very beneficial for you. you should go with the legal procedure.