Contempt Jurisdiction Is Always Discretionary, Should Be Exercised Sparingly : Supreme Court

Noting that the contempt jurisdiction is always discretionary which should be exercised sparingly and with circumspection, the Supreme Court has held that the Sri Sri Maa Kamakhya Temple Management case is not a fit case to exercise the said jurisdiction by punishing the members of the Kamakhya Debutter Board or directing the refund of the Temple money allegedly misappropriated by the Board.The Supreme Court had on July 7, 2015 upheld the 2011 Gauhati High Court decision to restore the administration of the temple to the Bordeuri Samaj, comprising five main families of priests who had run the temple since time immemorial until 1998- when the Kamakhya Debutter Board was formed and taken over control of the shrine. The contempt case, at the instance of the Bordeuri Samaj, arises out of the non-compliance with the Court's July 7, 2015 judgment.The bench of Justices Ajay Rastogi and A. S. Oka was pronouncing the judgment on the petition under Article 129 of the Constitution read with the Contempt of Courts Act, 1971 for initiating action against the respondents for committing breaches of the directions contained in the Judgment of this Court dated 7th July 2015 in Riju Prasad Sarma and Others v. State of Assam and Others. The issue involved in the said Judgment is in respect of Sri Sri Maa Kamakhya Devalaya. The case made out in the contempt petitions is that the petitioner is the elected Dolois representing members of Bordeuri Samaj of Kamakhya Devalaya. It is the case of the petitioner that the right of Bordeuri Samaj to manage religious affairs of Kamakhya Temple has been recognised from time immemorial. Bordeuri Samaj consists of members of five families and Dolois (head priest) is elected from amongst the members of the five families. It is pointed out that in the year 1998, a self-styled body in the name and style of Kamakhya Debutter Board ('Debutter Board') was formed by the respondent nos.1 to 4 and that they have illegally usurped the power that has been historically vested in the office of Dolois.The breach alleged in these contempt petitions is of the direction contained in the aforesaid Judgment of the Supreme Court dated 7th July 2015, which reads thus- "73. Since the Debutter Board is occupying some part of the premises in the Temple of Sri Sri Maa Kamakhya Temple on account of interim orders of this Court, all those interim orders are now vacated. The District Administration is directed to ensure that those premises are vacated by the members or representatives of the Debutter Board at the earliest and in any case within four weeks. The premises and other properties of Sri Sri Maa Kamakhya Temple shall, if required, be placed back within the same time in possession of the Bordeories Samaj through the last elected Dolois against receipts which shall be retained in the Office of Deputy Commissioner, Gauhati. The parties representing the Debutter Board are also directed to hand over the vacant and peaceful possession of the premises concerned and other properties of the Temple, if any, within four weeks. There shall be no order as to costs".The bench records that the first grievance in the contempt petitions is that the possession of the immovable properties being 2 buildings mentioned in paragraph 2(t) of the contempt petition has not been handed over to Bordeuri Samaj by the respondent nos.1 to 5. The second grievance is that various movable properties of the Temple, as detailed in the representation dated 3rd August 2015, have not been handed over to the petitioner. The third grievance is that though as per the statement of accounts submitted on behalf of Debutter Board, it was holding surplus cash amount of not less than Rupees eleven crores, which belonged to the Deity, it has not been paid. Lastly, a grievance is made that books of accounts pertaining to the Temple have not been handed over to the petitioner."Initially, notice of these petitions was issued only to the respondent no.5 - Deputy Commissioner. Thereafter, notice was also issued to the respondent nos.1 to 4 as well. In the order dated 18th April 2016 passed in these contempt petitions, this Court recorded undertaking of the respondent nos.1 to 3 that they will furnish whatever remaining details relating to their bank accounts and the funds available in their accounts. The undertaking was recorded without prejudice to the stand of the said respondents that certain accounts are not connected with Kamakhya Devalaya. Further order dated 4th July 2016 passed by this Court records that the respondent no.5 stated that an inquiry is being held to find out all the details. This Court directed the respondent nos.1 to 4 to file copies of the consolidated accounts, if not filed earlier, as well as copies of the entries for the relevant period in the pass books of all the bank accounts. By the Order of this Court dated 16th August 2017, the State of Assam was ordered to be made a party to the petition. The State Government filed an affidavit...

Contempt Jurisdiction Is Always Discretionary, Should Be Exercised Sparingly : Supreme Court

Mehal Jain

Tags