PAWAN SHARMA Vs. D.P. WAHLANG

JUDGEMENT

(1.) Disobedience of the judgment dated 11.04.2017 passed in PIL No. 2 of 2016 titled "Shri Pawan Sharma v. The State of Meghalaya and Ors.", is alleged hence, the instant motion for initiating contempt proceedings.

(2.) The respondent has filed a detailed affidavit along with copy of Record Notes of Discussion on the Draft Constitution (One hundred and twenty-third Amendment) Bill, 2015 - Amendment of Article 280 of the Constitution of India. The minutes of the meeting held under the Chairmanship of the Deputy Chief Minister of Meghalaya on 29.01.2019 is also annexed. Perusal of it reveals that the State with all seriousness has taken various steps at various levels for ensuring compliance of the judgment. As on date, no indolence or slackness is attributable to the respondent because whatever is within his reach and domain has been done. All efforts so far put in have to fructify subject to clearance of some difficulties being faced by the authorities.

(3.) The joint readings of the affidavit and the annexures suggest that there is a will and a complete seriousness on the part of the respondent in implementing the judgment in its real spirit, therefore, as on date contempt proceedings against the respondent in the light of the said affidavit and annexures do not survive. The contempt proceedings as such, are closed with an observation that the respondent shall continue to pursue the matter vigorously in ensuring complete compliance of the judgment in its real spirit. Liberty to the petitioner for filing fresh contempt proceedings, if at any point of time it appears to him that the respondent is not serious in implementing the judgment or appears to him that the respondent with all calculations is trying to disobey the judgment.