CUTTACK: Expressing concern over what it described as a “disturbing tendency” of judicial orders not being respected, the Orissa High Court has cautioned police officials against disregarding court directions while dealing with enforcement matters, observing that any such conduct could invite contempt proceedings.
A division bench comprising Chief Justice Harish Tandon and Justice Chittaranjan Dash, however, refrained from initiating suo motu contempt proceedings against police officers after they tendered an unconditional apology for interfering with sand quarry operations in the Kuakhai river under Nandankanan police limits despite an interim order protecting the quarry permit holder.
The case arose from a writ petition filed by Minakshi Pradhan, who challenged a show-cause notice directing suspension of quarry operations and debarring her from quarrying and transporting sand. On May 13, the high court stayed the portion of the notice suspending quarry operations and restraining transportation.
However, despite the interim protection, police allegedly continued to obstruct quarrying activities and seized vehicles engaged in transporting sand.
The court subsequently summoned the officers concerned after being informed that they had acted despite being aware of its order. The police officials initially claimed that they were not bound by the interim order as neither the department nor its officers had been impleaded in the writ petition.
Rejecting the stand, the bench observed that knowledge of a court order was sufficient to require compliance irrespective of whether an official was a party to the proceedings.
The bench noted that the police had acted under a misconception and had withdrawn from the quarry site after being apprised of the legal position.
The HC, nevertheless, underscored that, “Once an interim order is passed by a competent court, the same has to be understood and implemented in its true letter and spirit. Any action taken in disregard thereof may expose the concerned officials to proceedings for contempt of court.” It has fixed August 10 for final hearing on the matter.
