State Of Bihar v. Sidhidatri Sinha @ Sidhidari Sinha
2004-03-15
RAVI S.DHAVAN, SHASHANK KR.SINGH
body2004
DigiLaw.ai
Judgment 1. Unusual arguments are being raised at the Bar of the High Court by the State counsel. Thus, the court requested the Law Secretary to be present in court. In this case, the issue was very simple that the executing court desired that a document be registered. It was not being regis-tered. Thus, a writ petition was filed for a direction. A review application was filed for modification of the directions which did not succeed. It was a review sought by the State. This should have been the end of the matter. 2. Despite not succeeding in review application then a contempt application was filed by the petitioner. When notices were accepted on the contempt petition, the record saw the compliance of the orders of the writ court. Once the contempt was purged the learned Judge simply recorded that the directions in the writ petition have been met and the matter was consigned. This action should have been the end of the matter. Now a time barred appeal has been filed with an insidious argument by the State Government that the State was pressurized by the contempt Judge in following the directions of the court. This is what a contempt proceeding is about. No one pressurized anybody. The other party which has to comply with the orders of the court has a choice either to purge the contempt unless it had already taken recourse challenging the order of the court in the normal course and within time. In the present the last option was not resorted to. 3. This time barred appeal has been filed to reopen a dead case. This is very unfortunate and such cases are being rampantly filed by the State of Bihar. 4. The Law Secretary will now examine all such matters which are pending at the Patna High Court and give a report to the High Court on this subject and ensure that issues are resorted to gracefully by the State Counsel and not in belligerence of contempt. 5. As a deterrent the State of Bihar shall pay Rs. 10,000/-, which is to be deposited to the Bihar State Legal Services Authority within two weeks from today.