<p>It is a matter of concern that large numbers of contempt of court cases are pending in the higher courts awaiting resolution. Law Minister Arjun Ram Meghwal told the Lok Sabha last week that over 1,800 contempt cases are pending in the Supreme Court and over 1.43 lakh cases are pending in the high courts. It was also stated that the reasons for non-compliance with orders in contempt cases are “not available” with the government. The government is the biggest litigator in the country and so, most of the pending petitions concern the ministries and departments of the union and state governments. It is strange that the government is unaware of the reasons for non-compliance. There cannot be any reason other than unwillingness to comply with court orders, and that cannot be countenanced. Court orders are issued after hearings and deliberations conducted for years and it is the duty of parties to the cases to comply with the courts’ orders.</p>.<p>The issue was raised in the Rajya Sabha last year and an effective government mechanism was mooted to improve compliance with orders in a time-bound manner. The law ministry had asked other ministries to implement the suggestion and reduce the number of pending cases, but even after many months, the situation does not seem to have improved. It was pointed out in the House that litigants who fight lengthy battles in court and get orders in their favour had the right to get them implemented. They should not be forced to visit government offices and to file contempt pleas in courts. About 60% of the pending contempt cases in high courts were in six high courts – Calcutta, Allahabad, Andhra Pradesh, Telangana, Odisha and Madhya Pradesh.</p>.<p>Apart from increasing the backlog of cases in courts which are already overburdened, contempt petitions aggravate the culture of defiance of courts. There are many instances of contempt petitions not being filed even though court orders are not complied with. Implementation of court orders is basic to the rule of law and when governments defy them, it amounts to defiance of the Constitution. The Law Commission has said that contempt of court is a matter concerning the administration of justice and dignity and authority of judicial tribunals. Courts on their part should ensure that their orders are complied with and those who fail to do so should be severely penalised for their failure. They have ample power to do so and if they exercise it and read the judicial riot act to those who are in contempt, the message will be taken seriously.</p>
<p>It is a matter of concern that large numbers of contempt of court cases are pending in the higher courts awaiting resolution. Law Minister Arjun Ram Meghwal told the Lok Sabha last week that over 1,800 contempt cases are pending in the Supreme Court and over 1.43 lakh cases are pending in the high courts. It was also stated that the reasons for non-compliance with orders in contempt cases are “not available” with the government. The government is the biggest litigator in the country and so, most of the pending petitions concern the ministries and departments of the union and state governments. It is strange that the government is unaware of the reasons for non-compliance. There cannot be any reason other than unwillingness to comply with court orders, and that cannot be countenanced. Court orders are issued after hearings and deliberations conducted for years and it is the duty of parties to the cases to comply with the courts’ orders.</p>.<p>The issue was raised in the Rajya Sabha last year and an effective government mechanism was mooted to improve compliance with orders in a time-bound manner. The law ministry had asked other ministries to implement the suggestion and reduce the number of pending cases, but even after many months, the situation does not seem to have improved. It was pointed out in the House that litigants who fight lengthy battles in court and get orders in their favour had the right to get them implemented. They should not be forced to visit government offices and to file contempt pleas in courts. About 60% of the pending contempt cases in high courts were in six high courts – Calcutta, Allahabad, Andhra Pradesh, Telangana, Odisha and Madhya Pradesh.</p>.<p>Apart from increasing the backlog of cases in courts which are already overburdened, contempt petitions aggravate the culture of defiance of courts. There are many instances of contempt petitions not being filed even though court orders are not complied with. Implementation of court orders is basic to the rule of law and when governments defy them, it amounts to defiance of the Constitution. The Law Commission has said that contempt of court is a matter concerning the administration of justice and dignity and authority of judicial tribunals. Courts on their part should ensure that their orders are complied with and those who fail to do so should be severely penalised for their failure. They have ample power to do so and if they exercise it and read the judicial riot act to those who are in contempt, the message will be taken seriously.</p>
