Kerala High Court Issues Show Cause To SC/ST Dept Secretary Who Passed Govt Order Contrary To Court Directions, Directs Personal Appearance

Justice Gopinath P directed Dr Jayathilak to withdraw the government order and issue a new order complying with the directions of the Court. The Court directed Dr  Jayathilak to personally appear before it on January 12, 2024, on non-compliance with the directions of the Court by January 11, 2024.

“The Registry shall forthwith issue notice to Dr. A. Jayathilak I.A.S as to why suo moto contempt of court proceedings should not be initiated against him for having passed an order which clearly flouts the directions issued by this court in W.P (C) No.9165/2023 as also the directions issued by a Division Bench of this court in W.A. No.1757/2023. The show cause notice shall be issued by speed post as well as by E-mail to the aforesaid officer….. If the orders issued by this court in W.P (C) No.9165/2023 and WA No.1757/2023 are not complied with by 11-01- 2024, Dr. A. Jayathilak I.A.S shall remain personally present in this court at 10.15 a.m. on 12-01-2024.”

The above order was passed in a contempt case which was filed alleging non-compliance of directions of the Court.

In April 2023, the Court disposed of a writ petition by directing the Government to sanction the amount to the petitioners since their lands were identified as suitable for rehabilitating landless scheduled tribe families. A writ appeal was preferred against the writ petition.

In the first week of December 2023, the writ appeal was also disposed of by the Court stating that the government had decided to take over the land for rehabilitating landless scheduled tribe families based on a settlement with the parties. It thus found that the land value shall be determined and paid to the owners of the property within two weeks, that, is on or before December 18, 2023.

Contrary to the directions of the Court in the writ petition as well as in the writ appeal, Dr Jayathilak issued a government order dated December 30, 2023, stating that amounts can be sanctioned to property owners only after the land was made suitable for distribution and rehabilitation of tribal families.

Justice Gopinath issued the show cause notice on finding an affront violation of the directions of the Court. It also found that the assessment of the Disaster Management Authority had also found the land suitable for rehabilitation.

It also referred to the recent Apex Court judgment in The State of Uttar Pradesh & Ors. v. Association of Retired Supreme Court and High Court Judges at Allahabad & Ors.(2024) in which guidelines were formulated for summoning government officials, known as 'Standard Operating Procedure (SOP) on Personal Appearance of Government Officials in Court Proceedings”.

“The Supreme Court has formulated a “Standard Operating Procedure (SOP) on Personal Appearance of Government Officials in Court Proceedings” and has directed that this Standard Operating Procedure is applicable to all court proceedings involving the government in cases before the Supreme Court, High Courts and all other courts acting under their respective appellate and/or original jurisdiction or proceedings related to contempt of court.”

Accordingly, the Court held thus:

“In the facts of the present case, and after noticing the SOP issued by the Supreme Court, I am constrained to direct the personal appearance of Dr. A. Jayathilak I.A.S, Additional Chief Secretary to Government and Secretary, SC/ST Department...”

Counsel for the petitioners: Advocates N James Koshy and Alex Abraham

Case title: Mini Benny v Sheeba George

Case number: Contempt Case(C) No. 1688 of 2023