PREM BAHADUR SHRIVASTAVA Vs. SHRI M L MEHTA

JUDGEMENT

(1.) - An application purported to be one under Section 12 of the Contempt of Court Act, 1971, has been filed with a prayer that the contempt proceedings be initiated and suitable punishment should be awarded to the non-pstitioners one of whom is Secretary to the Government, Department of Co-operative Society, Rajasthan, for not implementing the judgment passed by the Division Bench of this Court presided over by Hon'ble M.C. Jain, the then Chief Justice of this Court and Hon'ble Mr. Justice Farooq Hasan, in D.B. Civil Writ Petition No. 3340/1987, in letter and spirit and they showed deliberate disrespect towards the order of this Court. In view of the fact that learned brother Hon'ble M.C. Jain had since been transferred from this Court to Delhi High Court as Chief Justice, this case was marked to this bench by Hon'ble the Chief Justice.

(2.) THOUGH none has appeared for the petitioner still we have perused the entire record and the relevant law, as the matter of contempt is between the Court and the contemner.

(3.) THEIR submission is that moment order of this Court was conveyed to them, they started the exercise and looked into relevant laws applicable to petitioner's case and using their best judgment, they have issued fresh list in full compliance of the order of this Court. It is submitted that law has been applied as is done in each case and if the interpretation is not correct a fresh cause of action accross which can be challenged in separate proceedings.