MOHD. ASLAM OBHURE, ACCHAN RIZVI versus UNION OF INDIA STATE OF UTTAR PRADESH AND ORS.

MOHD. ASLAM OBHURE, ACCHAN RIZVI versus UNION OF INDIA STATE OF UTTAR PRADESH AND ORS.

Sri Kalyan Singh, then Chief Minister, gave a personal and official undertaking to the Court, which was flagrantly breached. The State and Sri Kalyan Singh failed to take reasonable steps to prevent construction in violation of court orders, constituting wilful disobedience and contempt of court. Both the State and Kalyan Singh are liable, and personal liability may arise when personal elements are present in disobedience.

Parties
Petitioner: Mohd. Aslam Obhure; Petitioner: Acchan Rizvi; Respondent: Union of India; Respondent: State of Uttar Pradesh and Ors.; Alleged Contemnor: Sri Kalyan Singh
Jurisdiction
India
Judgment Date
24 October 1994
Procedural Posture
Contempt Petition (civil) / Final Disposition
Outcome
Contempt petition partly disposed; Chief Minister convicted for contempt.
Legal Topics
Contempt Proceedings, Wilful Disobedience of Court Orders, Personal Liability of Government Officials
Constitutional Law Contempt of Court Government Liability Contempt Proceedings Wilful Disobedience of Court Orders Personal Liability of Government Officials

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Parties

Mohd. Aslam Obhure

Petitioner

Acchan Rizvi

Petitioner

Union of India

Respondent

State of Uttar Pradesh and Ors.

Respondent

Sri Kalyan Singh

Alleged Contemnor

Procedural Posture

Contempt Petition (civil) / Final Disposition

Legal Issues

  1. 1 Whether the Chief Minister's undertaking was personal or official.
  2. 2 Whether there was construction in wilful disobedience of court orders.
  3. 3 Whether construction activities were carried out at the instance of the State Government or in connivance, assistance, or encouragement of the State Government.

Ratio Decidendi

Sri Kalyan Singh, then Chief Minister, gave a personal and official undertaking to the Court, which was flagrantly breached. The State and Sri Kalyan Singh failed to take reasonable steps to prevent construction in violation of court orders, constituting wilful disobedience and contempt of court. Both the State and Kalyan Singh are liable, and personal liability may arise when personal elements are present in disobedience.

Court Disposition

Contempt petition partly disposed; Chief Minister convicted for contempt.

Orders

  • Chief Minister sentenced to one day imprisonment.
  • Chief Minister fined Rs. 2,000; to be paid within two months.