07/09/2023
In a strongly worded opinion, the Supreme Court lamented that litigants frequently disobey court orders because courts are lenient towards those found culpable of contempt of court proceedings and close such proceedings if the offenders subsequently apologise. Hiralal Somabhai Contractor vs. Balwantbhai Somabhai Bhandari
The bench of Justices JB Pardiwala and Manoj Misra stated that such leniency teaches litigants how effective an apology can be as a weapon.
The bench opined that such leniency has actually emboldened unscrupulous litigants to disobey court orders or violate their agreements with impunity.
"With all the decorum at our disposal, we may take judicial notice of the fact that, over time, the courts have shown excessive leniency and magnanimity towards the transgressors. The bench added that there should not be a tendency for courts to show compassion when disobedience of an agreement or order is committed with impunity and full knowledge.
It also stated that courts should not take an apology if it is nothing more than a legal manoeuvre to evade responsibility, as this can diminish the prestige of the judiciary.
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