Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4511 of 2019 Applicant :- Jansher Ahmad Opposite Party :- Peeyush Verma, Regional Passport Officer Counsel for Applicant :- Sanjeev Kumar Saxena
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 26.11.2018 passed in Writ-C No.35005 of 2018 (Jansher Ahmad v. Union of India & Ors.), which for ready reference is quoted as under:-
"By means of this writ petition the petitioner has come to this Court against seizure of his passport.
Shri J.K.N. Sharma, learned counsel appearing for the respondents has received instruction that the passport was seized on account of it being reported to be lost in the Indian Embassy in Jeddah, Saudi Arabia and such lost passport was being used to travel and, therefore, the same was seized. He further submits that in such case once the passport is seized and cancelled, the petitioner has to apply afresh.
In case the petitioner applies for fresh passport or re-issuance of passport, his application be considered and decided in accordance with law, as far as possible, within two months from the date the petitioner moves and application along with a certified copy of this order.
Subject to the aforesaid observation, the writ petition is disposed of."
Learned counsel for the applicant submits that a certified copy of the aforesaid order 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 six 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 stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of 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 :- 25.7.2019 SP/