'Far-Fetched' To Hold That Contempt Proceedings Can Be Initiated Against An Authority For Failing To Follow Binding Precedent: Kerala HC
Tellmy Jolly
11 Dec 2024 3:30 PM IST
Dismissing a contempt plea, the Kerala High Court observed that it would be too far fetched to hold that contempt of court proceedings can be initiated on the ground that a particular authority failed to follow a binding precedent.
The court was hearing a contempt plea alleging that despite series of judgments of the High Court, the respondent Sub Registrar Thrissur refused to register a document and insisted on the production of prior documents.
Justice Gopinath P. in his order said:
“Having heard the learned counsel appearing for the petitioner and the learned Government Pleader, I am of the view that no proceedings can be initiated against the respondent under the provisions of the Contempt of Courts Act on the ground that he refused to follow a precedent, which according to the petitioner decides the matter in favour of the petitioner. While it is true that the law laid down by this Court must be followed by every authority, I am afraid that it is too far-fetched to hold that a Contempt Court proceedings can be initiated under the provisions of the Contempt of Courts Act, 1971 on the ground that a particular authority failed to follow a binding precedent.”
The petitioner argued that the refusal of the Sub-Registrar to register documents would amount to the initiation of proceedings under the Contempt of Courts Act.
The petitioner submitted before the Court that he informed the Sub-Registrar about the judgments of the High Court and argued that the Sub-Registrar still refused to register the documents. He relied upon previous judgments of the High Court to state that Sub Registrar was not authorised to insist that the executant must produce prior documents for registration under the Registration Act.
The Court found that contempt proceedings cannot be initiated against the Sub-Registrar under the Contempt of Courts Act for refusing to follow a binding precedent.
As such, the Contempt of Court Case was dismissed.
Case Number: Con.Case(C) No. 3197 Of 2024
Case Title: Joy v C K Manoj
Citation: 2024 LiveLaw (Ker) 792
