When Highest Court Of The Country Has Passed An Order, Collector Cannot Await Permission To Implement It : Supreme Court
The Supreme Court has disapproved of the practice of authorities delaying the implementation of the directions by seeking permission from their superior officers. When the highest court of the country has passed a direction, there is no basis in seeking permission to implement it, the Court stated recently.
A bench comprising Justices BR Gavai and Vikram Nath passed this observation in an order passed on February 6, while holding the conduct of a District Collector to be contemptuous.
"When an order has been passed by the highest Court of the country, there is no occasion for the Collector to seek permission for implementation of the orders passed by this Court", the bench observed while issuing show-cause notice to District Collector Junagadh for contempt action and asking him to remain personally present on February 26.
However, the Court added that if "better counsel prevails upon" the officer and the order is implemented in the meantime, then he need not appear.
Case Title : Junagadh Municipal Corporation vs Adarsh Cooperative Society
Citation : 2023 LiveLaw (SC) 103
For Petitioner(s) Mr. Huzefa Ahmadi,Sr.Adv. Mr. Pradhuman Gohil,Adv. Ms. Taruna Singh Gohil,Adv. Ms. Renu Purohit,Adv. Mr. Alapati Sahithya Krishna,Adv. Mr. Ejaz Maqbool, AOR
For Respondent(s) Mr. Harin Raval,Sr.Adv. Mr. D.N. Ray,Adv. Mr. Dilip Kumar Nayak,Adv. Ms. Disha,Adv. Mrs. Sumita Ray, AOR Ms. Deepanwita Priyanka, AOR
Contempt of Courts Act 1971 - When an order has been passed by the highest Court of the country, there is no occasion for the Collector to seek permission for implementation of the orders passed by this Court