Can I file contempt of S.C against the 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 o 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 order (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 it appears to be criminal collusion of 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)?