PRIYA GUPTA AND ANR. versus ADDL. SECY. MINISTRY OF HEALTH AND FAMILY WELFARE AND ORS.

PRIYA GUPTA AND ANR. versus ADDL. SECY. MINISTRY OF HEALTH AND FAMILY WELFARE AND ORS.

Calculated tampering with admission schedule, manipulation for personal gain, and wilful violation of Supreme Court directions constitute civil contempt; an apology not bona fide and meant to truncate the process of law cannot absolve the contemnor; violation of general directions/guidelines issued by Supreme Court attracts contempt proceedings under Contempt of Courts Act, 1971, irrespective of whether the directions are specific or general.

Parties
Applicant: Priya Gupta; Contemnor: Dr. S.L. Adile; Contemnor: Amrita Banerjee; Contemnor: Dr. Sanjivani Wanjari; Contemnor: Dr. P.O. Agrawal; Contemnor: Mr. Padmakar Sasane; Special Secretary, Ministry of Health and Family Welfare: Keshav Desiraju; Director General, Health Services, Ministry of Health and Family Welfare: Jagdish Prasad
Jurisdiction
India
Judgment Date
13 December 2012
Procedural Posture
Suo Motu Contempt Petition; Civil Appeal / Final Judgment
Outcome
Contempt notice discharged with punishment by fine; warning issued to some contemnors
Legal Topics
Civil Contempt, Apology in Contempt Proceedings, Medical Admissions, Adherence to Supreme Court Guidelines
Contempt of Court Education Law Civil Contempt Apology in Contempt Proceedings Medical Admissions Adherence to Supreme Court Guidelines

Case Brief

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Parties

Priya Gupta

Applicant

Dr. S.L. Adile

Contemnor

Amrita Banerjee

Contemnor

Dr. Sanjivani Wanjari

Contemnor

Dr. P.O. Agrawal

Contemnor

Mr. Padmakar Sasane

Contemnor

Keshav Desiraju

Special Secretary, Ministry of Health and Family Welfare

Jagdish Prasad

Director General, Health Services, Ministry of Health and Family Welfare

Procedural Posture

Suo Motu Contempt Petition; Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether apology tendered by contemnors in contempt proceedings may lead to discharge of contempt notice
  2. 2 Whether violation of general directions/guidelines of Supreme Court attracts contempt proceedings under Contempt of Courts Act, 1971
  3. 3 Whether wilful manipulation and violation of the Supreme Court's order and guidelines in admissions process constitutes civil contempt

Ratio Decidendi

Calculated tampering with admission schedule, manipulation for personal gain, and wilful violation of Supreme Court directions constitute civil contempt; an apology not bona fide and meant to truncate the process of law cannot absolve the contemnor; violation of general directions/guidelines issued by Supreme Court attracts contempt proceedings under Contempt of Courts Act, 1971, irrespective of whether the directions are specific or general.

Court Disposition

Contempt notice discharged with punishment by fine; warning issued to some contemnors

Orders

  • Contemnor Dr. S.L. Adile, Amrita Banerjee, Dr. Sanjivani Wanjari, Dr. P.O. Agrawal, and Mr. Padmakar Sasane are punished with fine of Rs.2,000/- each, to be deposited within four weeks; in case of default, civil imprisonment for two weeks.
  • Notice of contempt against them discharged subject to observations in judgment.