AJAYINDER SANGWAN AND ORS. v. K. K. MOHAN
Case Details & Bench
- Court
- High Court
- Hon'ble Judges
- R. K. Agrawal
- Abhay Manohar Sapre
- Judgment Date
- 2018-02-05
- Court Decision / Holding
- Contempt petition dismissed. The Court held that the Bar Council of India had finalized the election schedule for State Bar Councils and that the schedule was just and proper, concluding that there was no case for contempt.
- Final Disposition
- Contempt petition dismissed.
Parties to the Case
Appellants / Petitioners
- Ajayinder Sangwan and ors.
Respondents
- K. K. Mohan
Legal Representation & Advocates
Counsels for Petitioners
- • Ashwani Kumar Dubey
- • Sanjeev Kr. Baliyan
- • Purvish Jitendra Malkan
- • Ms. Dharita Malkan
- • Ms. Deepa Gorasia
Counsels for Respondents
- • For M/S Manoj Swarup and Co.
Case Synopsis & Summary
This matter concerns a contempt petition filed by Ajayinder Sangwan and others under the Contempt of Courts Act, 1971, in Contempt Petition No. 565 of 2018 arising out of Transferred Case No. 126 of 2015. The petition alleged willful disobedience of the Supreme Court’s orders dated 14 December 2017, and earlier directives of 23 August 2017 and 24 November 2017, by the Bar Council of India (BCI) in relation to elections to State Bar Councils. The court observed that the BCI had finalized the election schedule for the respective State Bar Councils and that the schedule as finalised was just and proper. Counsel for the BCI contended that the schedule complied with the Court’s directions and that there was no failure to implement the orders. The matter came before a two-judge bench of the Supreme Court (R. K. Agrawal, J., and Abhay Manohar Sapre, J.). The bench reviewed the progression of events, including the directions in the transferred case, and concluded that no case had been made out to initiate contempt proceedings against the BCI. Accordingly, the contempt petition was dismissed. The decision underscores that compliance with the Court’s orders, evidenced by a finalised election timetable, does not by itself amount to contempt when the steps taken are just and proper.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The applicants contended that the Bar Council of India (BCI) had willfully disobeyed this Court’s orders and sought initiation of contempt proceedings under the Contempt of Courts Act, 1971. They relied on orders dated 14 December 2017, 23 August 2017, and 24 November 2017 in Transferred Case No. 126 of 2015, alleging non-compliance in the timing and manner of elections to State Bar Councils. The petition argued that the BCI’s conduct amounted to contempt of the Supreme Court’s directions and warranted punitive action.
Contentions of Respondents
The respondents submitted that the BCI had finalized and published the election schedule for the State Bar Councils, asserting compliance with the Court’s directives. They argued that the schedule reflected due process and that there was no willful disobedience warranting contempt, hence no basis for initiating contempt proceedings against the BCI.
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