INVC,Lucknow ,
In a decision having wider legal ramifications, the Allahabad High Court, Lucknow Bench has refused to recognize non-compliance of its orders for filing counter affidavit within a given time period as Contempt of Court. The contempt bench of Justice Dr Satish Chandra observed that such directions issued by the writ court are procedural in nature. By not filing any affidavit, the writ court may draw an adverse inference or extend the time by taking cognizance of the matter, but no contempt is committed. The High Court passed this order in three contempt petitions filed by social activist Dr Nutan Thakur and one by her husband Amitabh. The petitioners had argued that non-compliance of the direction or order passed by the Court amounts to contempt.
In a decision having wider legal ramifications, the Allahabad High Court, Lucknow Bench has refused to recognize non-compliance of its orders for filing counter affidavit within a given time period as Contempt of Court. The contempt bench of Justice Dr Satish Chandra observed that such directions issued by the writ court are procedural in nature. By not filing any affidavit, the writ court may draw an adverse inference or extend the time by taking cognizance of the matter, but no contempt is committed. The High Court passed this order in three contempt petitions filed by social activist Dr Nutan Thakur and one by her husband Amitabh. The petitioners had argued that non-compliance of the direction or order passed by the Court amounts to contempt.
