MOHANAN Vs. SALIM M. KABIR

JUDGEMENT

(1.) THIS Full Bench has been constituted on a reference made by a Division Bench by its order dated 24th May, 2010 in Contempt Case (C) No. 372/2010. The brief facts giving rise to the contempt proceedings need be noted.

(2.) THE applicant, who was the petitioner in W.P.(C) No. 26133/2009, had filed the writ petition complaining police harassment. The Court hearing the writ petition, finding out an element of settlement, directed mediation of the dispute between the parties. The mediator, with the agreement of the parties, has come to a settlement and by judgment dated 26th November, 2009, the writ petition was disposed of in terms of the settlement. The following are the terms of settlement:

(3.) THE order, which was passed by the Division Bench dated 26th November, 2009, was an order passed on a writ petition in exercise of jurisdiction under Article 226 of the Constitution. It is well settled that even if the judgment and order passed by this Court under Article 226 of the Constitution is based on settlement, the disobedience of the said order can be made subject matter of the contempt. In this context, reference is made in the judgment of the Supreme Court in Rama Narang v. Ramesh Narang and another, : (2006) 11 SCC 114. Paragraphs 23, 24 and 31 are to the following effect: