Civil Court Can Seek Police Assistance To Enforce Temporary Injunctions: Jammu & Kashmir High Court

This provision grants the court the authority to direct the police to provide necessary assistance when there is disobedience or breach of its orders issued under Order XXXIX Rules 1 & 2 of the Code and hence enables the court to maintain the integrity of its orders and ensure the effective implementation of temporary injunctions, a bench of Justice Rajesh Sekhri observed.

"If an injunction order is not carried out, it is always open to the parties to seek police protection and Court is obliged to ensure that orders passed by it are implemented and are given effect to in its letter and spirit. If a Court is powerless to grant police assistance for the purpose of execution of order of temporary injunction, the very purpose of granting order of temporary injunction may be frustrated in a given case. Therefore, with a view to meet the ends of justice and to prevent the abuse of process of the Court, Civil Courts are vested with ample jurisdiction to provide police assistance for implementation of the orders passed or exercise of rights created under the orders of the court."

The court made these observations while hearing two petitions filed by the plaintiff and the defendant challenging the orders passed by Munsiff, Samba. The plaintiff's petition was regarding the rejection of an application seeking the appointment of a Commissioner. The defendant, on the other hand, was unhappy with the order that allowed the implementation of the Status quo order with police assistance.

The court observed that orders of civil courts should not be flouted and that measures must be taken to ensure their implementation.

"Law does not countenance a situation where orders passed by the Courts are allowed to be flouted with impunity. The legislature in its wisdom has incorporated various provisions in the Code of Civil Procedure, 1908 (‘Code’, for short) to ensure that orders passed by a civil court are implemented and obeyed by all concerned", Justice Sekhri observed.

Citing relevant provisions in the CPC, which grant courts the power to attach properties or detain individuals who disobey injunction decrees, the court said although there is no explicit provision for directing police assistance for temporary injunction orders, Section 151 of the Code empowers courts to make necessary orders to meet the ends of justice and prevent abuse of the court's process.

The court, while clarifying that police assistance should not be granted casually and must be exercised judiciously, held that police aid could be requested if there is an imminent threat of violating an interim order as the objective is to prevent the abuse of the court's process and ensure the effective compliance of its orders.

"The court is obliged to satisfy itself that prima facie, there is imminent threat of violation of an interim order passed by it and if police aid is declined, there is no way of ensuring effective compliance of its orders. It implies that once an injunction order is not carried out or obeyed, it is open to the parties to seek police protection to see that court order is implemented and not breeched",the bench underscored.

Addressing the defendant's argument that the trial court had exceeded jurisdiction vested in it by law because it was only an ad interim order of status quo and could not be implemented by police unless made absolute, the court stated that an order of temporary injunction, whether ex parte or absolute, can be implemented with police assistance if there is a threat of violation.

"There is nothing in law to inhibit the power of a civil court to ensure that its order, be it ex parte or absolute, is implemented in its letter and spirit", the bench emphasised.

Regarding the plaintiff's application for a commissioner's appointment, the court explained that such an appointment should only be made if a local investigation is necessary to elucidate the matter in dispute and the local Commissioner cannot be appointed by the Court to collect evidence for the parties and that the appointment of a commissioner was not required since the status quo order had already been implemented through the Tehsildar.

In view of the same the bench upheld the orders and accordingly dismissed the petitions.

Case Title: Chajju Singh Bharat Bhushan Gupta Vs Subash Aggarwal and others Chajju Singh and ors.

Citation: 2023 LiveLaw (JKL) 161

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