NUK TSHERING BHUTIA Vs. A. K. SINGH

JUDGEMENT

(1.) THE institution of the present contempt proceeding was necessitated in view of an application filed by the Petitioner and moved on 14.11.2011, bringing to the notice of this Court violation of the order dated 11.11.2011, passed in Writ Petition (C) No.46 of 2011, whereby it had been directed upon the respondent no.1 and others as follows: -

(2.) UPON notices to show cause issued to the respondents as to why proceedings under the Contempt of Court should not be instituted against them, they have submitted their show causes supported by affidavits duly sworn by them. On 22.11.2011, the day when the matter came up for hearing before this Court, Mr. K. T. Bhutia, learned Senior Advocate appearing on behalf of the petitioner, sought permission to file additional documents in the form of photographs and a pen drive, which as per him would substantiate the allegation that the impugned actions of the respondents were taken subsequent to their being communicated with the order of this Court dated 11.11.2011. To this only respondent no.1 has chosen to file a reply denying all material allegations. I have perused the show cause reply filed by the respondent No.1 and I find, inter alia, the following averments: -

(3.) EVEN assuming that the action was bonafide, as is being made out, what transpired on the next day i.e., 12.11.2011, completely obliterates the plea, as I find in paragraph (viii) of the reply that direction was issued by the respondent no.1 to respondent no.2 to unseal the premises and release the wife of the petitioner and her maid servant and then reseal it to maintain status quo of the premises "as it was at 11.41 a.m. 11.11.2011". This Court cannot but view this as a persistence of the defiance on the part of the respondent no.1 to insist upon the illegal action taken on 11.11.2011.