Supreme Court: Misguiding Court To Obtain An Order With No Intention Of Compliance Amounts To Contempt Of Court

The Court found the Respondent guilty of Civil Contempt for non-compliance of its previous Order and imposed a punishment of simple imprisonment for three months along with fine of Rs. 20K. The Court stated that misusing the process of Court to tarnish the judiciary's image and threaten its integrity and efficiency cannot be overlooked in the garb of non-fulfilment of its directions due to claimed financial constraints.

A Bench of Justice Abhay S Oka and Justice Augustine George Masih remarked, “Any person who misuses the process of the Court with ulterior motives cannot be said to be a person having approached the Court with clean hands. A person who tries to tarnish the process of litigation to the extent of misguiding and misleading the proceedings before the Court resulting in passing of order(s) which are to his benefit at the cost of the loss of dignity, leading to shrinkage of the faith of the common man in the judicial process cannot be permitted.”

AOR Nishe Rajen Shonker appeared for the Petitioner, while AOR Lakshmeesh S. Kamath represented the Respondent.

Brief Facts

A contempt Petition was filed by the Appellants alleging non-payment of arrears as directed by the Court in its earlier Judgment in 2022.

Court’s Reasoning

The Supreme Court stated, “The malafide is therefore writ large and reflect the misuse of the process of the Court. After seeking an order from this Court where benefit has been conferred on the basis of the submissions of the Respondent-Contemnor, not complying therewith amounts to contempt of Court.”

The Bench remarked, “All through, as has been detailed above, the intention on the part of the Respondent-Contemnor was to use the judicial proceedings for his advantage taking undue benefit at the peril and cost of wrong assertions and submissions put forth before the Court which would amount to misleading the Court into believing the bonafide at the hands of the Respondent-Contemnor. It would amount to an attempt to exploit the procedural process of Court to outreach and manoeuvre it resulting in abuse of law and legal proceedings.”

“A party, misguiding the Court to pass an order which was never intended to be complied with, would constitute an act of overawing the due process of law and, thus, commit contempt of Court. In the instant case, the opportunity having been availed, time having been sought and granted by the Court further reflects the intent on the part of the Respondent-Contemnor to discard and tarnish the judicial process by polluting it. Disobedience of the order of the Court in such circumstances would be the only result and thus, civil contempt,” the Court held.

The Bench further stated, “The misuse of the process of Court with an intent to tarnish the image of judiciary, threatening the integrity, and the efficiency of the judicial system cannot be allowed to be overlooked and ignored in the garb of non-fulfilment of the directions because of now said to be faced financial constraints.”

Consequently, the Court ordered, “This case, in our opinion, would not be one where mere imposition of fine would suffice. In the given facts and circumstances of the present case, we are convinced that the Respondent-Contemnor is liable to be punished for the contumacious conduct…We, in the above facts and circumstances, hold Shaji Augustine-Respondent, guilty of Civil Contempt and impose punishment of Simple Imprisonment for three months along with fine of INR 20,000/- to be deposited in two weeks, and in case of default, further Simple Imprisonment for one month.”

Accordingly, the Supreme Court disposed of the Petition.

Cause Title: M/S Chithra Woods Manors Welfare Association v. Shaji Augustine (Neutral Citation: 2025 INSC 567)

Appearance:

Petitioner: AOR Nishe Rajen Shonker; Advocates Alim Anvar, Anu K Joy and Santhosh K

Respondent: AOR Lakshmeesh S. Kamath; Advocates Samriti Ahuja and Aditi Prakash

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