YOGESH P SUKHANANDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these applications are filed for non-compliance of the same order passed on 21-11-1991 in Special Civil Application No. 6777 of 1491. By the said order, this Court (Coram C. K. Thakkar, J.) directed the authorities to decide the application in the light of the observations made in the order with a further direction to decide the same expeditiously and preferably before 31/12/1991.

(2.) We are of the view that jurisdiction under Contempt of Courts Act should not be exercised in favour of the persons who have no regard for the turth. If the order is obtained by suppressing material facts, the party concerned will hesitate to enforce that order and when it is brought to the notice of this Court that in fact and in substance the said order came to be passed on suppression of material facts which were within the exclusive knowledge of the petitioner, this Court should refuse to exercise jurisdictio~ under the Contempt of Courts Act, So is the case in these applications.

(3.) In view of the affidavit in reply. it is clear that the following facts were suppressed by the petitioner and if the petitioner would have disclosed these facts, no Court would have passed the order which is sought to be enforced by action under the Contempt of Courts Act.