I. MANILAL SINGH versus DR. H. BOROBABU SINGH AND ANR.

I. MANILAL SINGH versus DR. H. BOROBABU SINGH AND ANR.

Speaker is liable to answer contempt proceedings for disobedience of Supreme Court orders; Supreme Court has jurisdiction and powers under the Constitution and Contempt of Courts Act to compel presence and enforce obedience, and no immunity applies under Article 361. Rule of law and court's majesty must be upheld, all authorities must act in aid of the Court.

Parties
Petitioner/applicant: I. Manilal Singh; First Respondent/contemner: Dr. H. Borobabu Singh; Second Respondent: Chief Secretary, State of Manipur
Jurisdiction
India
Judgment Date
05 February 1993
Procedural Posture
Contempt Petition; Writ Petition (civil Original Jurisdiction) / Order on Contempt Proceedings and Related Writ Petition
Outcome
Contempt proceedings dropped.
Legal Topics
Speaker's Powers Under Tenth Schedule, Judicial Review of Speaker's Decisions, Rule of Law, Obedience to Supreme Court Orders
Constitutional Law Contempt of Court Administrative Law Speaker's Powers Under Tenth Schedule Judicial Review of Speaker's Decisions Rule of Law Obedience to Supreme Court Orders

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Parties

I. Manilal Singh

Petitioner/applicant

Dr. H. Borobabu Singh

First Respondent/contemner

Chief Secretary, State of Manipur

Second Respondent

Procedural Posture

Contempt Petition; Writ Petition (civil Original Jurisdiction) / Order on Contempt Proceedings and Related Writ Petition

Legal Issues

  1. 1 Whether Speaker enjoys immunity from Supreme Court process in contempt proceedings
  2. 2 Jurisdiction of Supreme Court over Speaker's acts under Tenth Schedule
  3. 3 Power of Supreme Court to secure compliance with its orders

Ratio Decidendi

Speaker is liable to answer contempt proceedings for disobedience of Supreme Court orders; Supreme Court has jurisdiction and powers under the Constitution and Contempt of Courts Act to compel presence and enforce obedience, and no immunity applies under Article 361. Rule of law and court's majesty must be upheld, all authorities must act in aid of the Court.

Court Disposition

Contempt proceedings dropped.

Orders

  • Government of India directed to produce Dr. H. Borobabu Singh before Supreme Court.
  • Copy of order to be sent to Home Secretary for compliance.