SAJAD MAJID Vs. SYED ZAHOOR AHMED

JUDGEMENT

(1.) In this contempt petition a question has been formulated by a Division Bench on 15-3-1959 on an objection raised by learned Counsel for the alleged contemner in which one of us (Rizvi, J.) has been a member set a question for adjudication, at this stage in these words :-

(2.) Before disposing the question the facts of the case need to be narrated. It appears that the petitioner by way of writ petition No. 1379/88 challenged the selection of MD Course by Sheri-Kashmir Institute of Medical Science. Soura, Srinagar, for Session 1988-89 and while disposing the CMP No. 4056 of 1988 filed along with the writ petition, the petitioner was granted provisional admission to the MD Course to be quoted in brief in these words :-

(3.) The matter again came up before the Division Bench on 1-3-1989 and for non-compliance of Court direction dated 28-1-1989 and for non-observance of the direction dated 16-2-1989 indicated, a show cause notice came to be issued against the respondent No. 1. The contempt petition came up before the Division Bench on 15-3-1989, when objections were filed and in para 11 of the same prayer was made to defer the hearing of the contempt petition pending disposal of the S.L.P. before the Supreme Court against the order sought to be implemented and allegedly flouted by the respondent No. 1. It is out of this objection raised by learned Counsel for the respondent, the Division Bench (sic) indicated has framed the question : Whether a party can be proceeded in contempt or rule issued against him before exhausting the time limit for appeal against the order issued by the Court sought to be implemented, particularly when remedy of appeal is availed and pending disposal before the Superior Court.