Judgment · High Court · 2022
Case at a glance
- Decided
- 08 Mar 2022
- Bench
- KALYAN RAI SURANA
Provisions considered
Judgment
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Cont. Cas(C) 10/2022 1:Kaheka Pralo S/o Late Muti Pralo, R/o Village Kaje, PO/PS Anni, Dibang Valley District, Arunachal Pradesh. VERSUS 1:Kaling Tayeng and Anr. IAS, Department of Home, GoAP, Address Roing, Dist. Lower Dibang Valley District, AP. Pin 792110 2:Ajay Kumar Bhalla IAS Address 3 New Moti Bagh New Delhi 11002 Advocate for the Petitioner : Sunil Mow Advocate for the Respondent : BEFORE HONBLE MR. JUSTICE KALYAN RAI SURANA Date : 08.03.2022 ORDER Heard Mr. S. Mow, learned counsel for the petitioner. This contempt petition has been filed under Article 215 of the Page No.# 2/2 Constitution of India read with Section 11 and 12 of the Contempt of the Courts Act, 1971 in respect of non compliance of order dated 14.07.2014 passed by the Division Bench of this Court in PIL 14/2014. It is seen that by the said order, this Court had directed the respondent authorities to complete the process of appointment of a Chairperson of State Human Rights Commission for the State of Arunachal Pradesh in accordance with the requirement of Protection of Human Rights Act within a period of 3 (three) months. It is submitted that although subsequently the Chairperson was appointed, but now 2 (two) members of the said Commission has not been appointed, for which the Commission cannot appropriately function. The Court finds that the scope of this contempt petition is not in consonance with the order dated 14.07.2014 passed by the Division Bench of this Court in PIL 14/2014 and moreover, the period of the writ petition has prescribed in Section 20 of the Contempt of the Courts Act, 1971 has already been expired. Accordingly, the Court is not inclined to close this Contempt Petition. The petitioner is at liberty to appropriately agitate the matter in accordance with law. JUDGE Comparing Assistant
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India; Contempt of the Courts Act, 1971 — ss. 11, 12, 20; Protection of Human Rights Act.
Which court decided this case, and when?
Gauhati High Court, on 08 Mar 2022. The bench was KALYAN RAI SURANA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.