KALYANESHWARI Vs. UOI

JUDGEMENT

(1.) In our detailed order dated 21st January, 2011, besides disposing of the Writ Petition No. 260 of 2004 with the directions as contained in paragraph 16 of that order, we noticed the contemptuous behaviour of the Petitioner NGO and its officials and had issued show-cause notice to the Petitioner Kalyaneshwari and its Secretary Shri B.K. Sharma, in his personal capacity, which reads as under:

(2.) In response to this show-cause notice, Shri B.K. Sharma had filed a response affidavit dated 22nd March, 2011 on behalf of Kalyaneshwari as well as himself. This is a very short affidavit of seven paragraphs in which the Petitioner has rendered his unconditional apology and prayed before this Court not to initiate proceedings under the Contempt of Courts Act, 1971. He further prayed to discharge the notice of contempt and drop proceedings for imposition of cost and revocation of license and registration of the NGO Kalayneshwari. Relevant portion of the said affidavit reads as under:

(3.) There is no doubt that at the very initial stage, the Respondents have tendered apology and prayed for dropping of the contempt proceedings. We are not quite certain as to the bona fide and intent of the Respondents in tendering such an apology. For a Court to accept the apology in a contempt action, it is required that such apology should be bona fide and in actual repentance of the conduct which invited initiation of contempt proceedings. Furthermore, the conduct should be such which can be ignored without compromising the dignity of the Court. Contempt is disorderly conduct of a contemner causing serious damage to the institution of justice administration. Such conduct, with reference to its adverse effects and consequences, can be discernibly classified into two categories: one which has a transient effect on the system and/or the person concerned and is likely to wither away by the passage of time while the other causes permanent damage to the institution and administration of justice. The latter conduct would normally be unforgivable.