HP High Court Convicts HPSEBL Law Officer For Contempt, Sentences Him To Civil Imprisonment Till Rising Of Court

While convicting him for contempt Justice Tarlok Singh Chauhan observed,

“This is not a matter which was required to be stretched so far by the respondent-contemnor and the apology tendered here is nothing but a paper apology, which in the given facts and circumstances cannot be accepted”.

The case stemmed from an earlier petition filed by M/s Vardhman Ispat Udyog challenging an order passed by the Ombudsman. Vardhman Ispat Udyog had obtained a stay order from the High Court on the operation of the Ombudsman's order. However, Mr. Saklani, representing HPSEBL at a subsequent hearing before the Himachal Pradesh Electricity Regulatory Commission (HPERC), allegedly failed to disclose the stay order and proceeded with arguments.

Vardhman Ispat Udyog then initiated contempt proceedings against Mr. Saklani, arguing that his actions amounted to a deliberate violation of the High Court's order. Mr. Saklani, in his defense, denied any wrongdoing and claimed that he had informed the HPERC about the stay order. He further submitted an unconditional apology before the High Court.

The High Court, after examining the sequence of events and the pleadings filed by both parties, observed that Mr. Saklani's apology lacked sincerity. The Court pointed out that he had not only made contradictory statements about informing the HPERC but also continued to contest his claim before the regulatory body.

Justice Chauhan further observed that the rule of law is the foundation of a democratic society and emphasized the importance of respecting court orders. The court noted that Saklani's conduct, including leveling serious allegations against HPERC and providing a factually incorrect affidavit, demonstrated a lack of remorse.

“Apart from there being no any remorse or regret, I have already observed, that the apology is conditional, because admittedly the respondent-contemnor is still contesting his claim before the HPERC that he had informed it about the order passed by this Court. No steps whatsoever have been taken by the respondent-contemnor to give quiteus to this aspect of the matter before the HPERC”, the bench remarked.

Deliberating further on the matter Justice Chauhan in his judgment stated that "disobedience of the Court's order strikes at the very root of the rule of law" and that "the dignity and authority of the Courts have to be respected and protected at all costs."

“It is for this reason that the Courts are entrusted with the extraordinary power of punishing those for contempt of court who indulge in acts whether inside or outside the Courts, which tend to undermine the authority of the Courts and bring them in disrepute and disrespect thereby obstructing them to discharge their official duties without fear or favour”, the bench added.

Highlighting that Saklani's apology appeared to be a mere tactic to avoid legal consequences rather than an expression of genuine remorse, Justice Chauhan concluded that his actions undermined the authority of the court and obstructed the administration of justice.

Consequently, he was convicted under Article 215 of the Constitution read with Section 12(1) of the Contempt of Courts Act, 1971.

Case Title: M/s Vardhman Ispat Udyog Vs Kamlesh Saklani

Citation: 2024 LiveLaw (HP) 24

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