Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5510 of 2019 Applicant :- Ibrahim Ali Opposite Party :- Sri. Piyush Verma, Regional Passport Officer Counsel for Applicant :- Irfanul Huda
Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 02.04.2019 passed in Writ-C No.11282 of 2019 (Ibrahim Ali v. Union of India & Ors.). For ready reference, the relevant extract of order dated 02.04.2019 is quoted as under:-
"Considering the averments made in the writ petition and the fact that the petitioner immediately requires the passport, we direct the respondent no. 3 to take steps for deciding the application of the petitioner for issuance of passport to the petitioner as claimed by him, preferably within a period of three weeks from the date of production of certified copy of this order, in accordance with law.
We have not gone into the merits of the averments made in the writ petition and the passport shall be issued in accordance with law without being influenced by this order, however the same shall be done within a period of three weeks."
It is averrred in the affidavit filed alongwith contempt application that a certified copy of the aforesaid order alongwith other documents was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within three weeks from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant the order through the self- addressed envelop within a week thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
Order Date :- 27.8.2019 A. Pandey