These are new and bold guidelines by Supreme Court. All citizens need to do is to approach nearest High Court or Supreme Court with a contempt or direction application......
The case titled Priya Gupta versus Addl. Secretary Ministry of health is reported in JT 2013 (1) SC 27 by Justice A.K. Patnaik and Justice Swatsnter Kumar on 13.12.2012
Para 18
Law declared by SC is deemed to be known to all authorities. Where general directions are issued by Supreme Court and not followed by any authority, he is liable to be punished in Contempt law. He cannot say that he did not know about judgement of Supreme Court.
So far, Supreme Court used to give general directions in many cases of Public Interest, but authorities, police officers used to ignore these directions by saying that they did not know about SC general directions and judgement.
In this case it said that law declared by supreme Court is binding on all authorities and they are deemed to have knowledge about these directions. If they do not follow directions,contempt of court proceeding can be initiated against them. Whether to accept their apology or not or to punish them, will depend on facts of each case.
This judgement is of great value to activists and general public. Because now if they notice that any authority is not following any public interest directions, they can issue notice why contempt petition should not be filed and can initiate contempt proceedings citing this case if so advised by their lawyers.
Haresh Raichura
21.1.2013
The case titled Priya Gupta versus Addl. Secretary Ministry of health is reported in JT 2013 (1) SC 27 by Justice A.K. Patnaik and Justice Swatsnter Kumar on 13.12.2012
Para 18
Law declared by SC is deemed to be known to all authorities. Where general directions are issued by Supreme Court and not followed by any authority, he is liable to be punished in Contempt law. He cannot say that he did not know about judgement of Supreme Court.
So far, Supreme Court used to give general directions in many cases of Public Interest, but authorities, police officers used to ignore these directions by saying that they did not know about SC general directions and judgement.
In this case it said that law declared by supreme Court is binding on all authorities and they are deemed to have knowledge about these directions. If they do not follow directions,contempt of court proceeding can be initiated against them. Whether to accept their apology or not or to punish them, will depend on facts of each case.
This judgement is of great value to activists and general public. Because now if they notice that any authority is not following any public interest directions, they can issue notice why contempt petition should not be filed and can initiate contempt proceedings citing this case if so advised by their lawyers.
Haresh Raichura
21.1.2013