Contempt Petition in Supreme Court for Wilful Disobedience of Court Order

IN THE MATTER OF:

Name of Petitioner/Applicant
Address: ________________________________
...PETITIONER

VERSUS

Name and designation of alleged contemnor
Address: ________________________________
...ALLEGED CONTEMNOR/RESPONDENT

CONTEMPT PETITION UNDER ARTICLE 129 OF THE CONSTITUTION OF INDIA READ WITH SECTIONS 2(b) AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 AND RULE 3 OF THE RULES TO REGULATE PROCEEDINGS FOR CONTEMPT OF THE SUPREME COURT, 1975

TO
THE HON'BLE CHIEF JUSTICE OF INDIA
AND HIS/HER COMPANION JUSTICES OF
THE HON'BLE SUPREME COURT OF INDIA

THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHOWETH:

SYNOPSIS

The present petition concerns wilful non-compliance with the order dated ____________ passed by this Hon'ble Court in case title and number. The operative direction required the alleged contemnor to quote or accurately summarise the precise direction within/by time/event.

Despite knowledge/service of the order and despite communications, reminders, hearings or opportunities to comply, the alleged contemnor has failed/refused to comply in the following manner: concise description. The Petitioner submits that the breach is deliberate and wilful for the reasons stated below.

LIST OF DATES AND EVENTS

FACTS

1. The Petitioner was petitioner/respondent/applicant in the above-mentioned original proceedings and is directly affected by non-compliance with the order dated ____________.

2. This Hon'ble Court, by order/judgment dated ____________, directed as follows: set out only the material operative direction accurately. A true copy is annexed as ANNEXURE P-1.

3. The alleged contemnor had knowledge of the order because present in Court / represented by counsel / formally served / received communication / acted upon part of the order. Supporting material is annexed as ANNEXURE P-2.

4. The order required compliance by/on ____________. The alleged contemnor had the authority and practical ability to comply because state facts showing control, responsibility and capacity.

5. Nevertheless, the alleged contemnor failed to comply by identify precise omission or contrary act.

6. On ____________, the Petitioner requested compliance by letter/email/representation. A copy is annexed as ANNEXURE P-3. The alleged contemnor failed to respond / refused / gave response dated ___.

7. The non-compliance is wilful and deliberate because state specific facts: repeated opportunities, explicit refusal, contradictory action, selective compliance, admitted knowledge, absence of legal impediment, etc..

8. The Petitioner is not seeking adjudication of a new substantive dispute or modification of the original order. The relief sought is confined to securing obedience to the existing direction and such consequential action as this Hon'ble Court considers lawful in contempt jurisdiction.

9. Limitation. The contempt complained of occurred on ____________ when describe the alleged breach. The present proceedings are within the period prescribed by Section 20 of the Contempt of Courts Act, 1971. If reliance is placed on later/repeated acts, each material date and its legal relevance should be specifically pleaded.

GROUNDS

1. The operative direction dated ____________ is clear, unambiguous and binding on the alleged contemnor.
2. The alleged contemnor had actual/constructive knowledge of the order before the obligation to comply arose.
3. The alleged contemnor possessed the authority and ability to comply with the direction.
4. The breach is not accidental, technical or caused by impossibility; it is deliberate and wilful for the reasons pleaded in paragraphs ____.
5. Repeated requests/opportunities for compliance were disregarded without sufficient legal justification.
6. The acts/omissions complained of directly defeat the command of this Hon'ble Court and therefore attract the definition of civil contempt under Section 2(b), subject to this Hon'ble Court's satisfaction.

PRAYER

In these circumstances, the Petitioner respectfully prays that this Hon'ble Court may be pleased to:

a. issue notice to the alleged contemnor in accordance with the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975;

b. initiate appropriate contempt proceedings for the alleged wilful disobedience of the order dated ____________;

c. direct compliance with the operative directions of this Hon'ble Court within such period and subject to such safeguards as this Hon'ble Court considers appropriate;

d. upon being satisfied that contempt is established, pass such order under Article 129 and the Contempt of Courts Act, 1971 as is warranted by law; and

e. pass any other or further order deemed just and proper.

FILED BY
ADVOCATE-ON-RECORD

Drawn by: ____________
Place: New Delhi
Date: ____________

AFFIDAVIT

I, name, aged about ____ years, S/o / D/o / W/o ____________, resident of ________________________________, solemnly affirm:

1. I am the Petitioner/deponent in the accompanying contempt petition and am competent to swear this affidavit.

2. The statements in paragraphs ____ to ____ are true to my personal knowledge; statements derived from records are based on records believed to be true; and legal submissions are based on advice received and believed to be correct.

3. The annexures filed with the petition are true copies of their respective originals/records.

DEPONENT

VERIFICATION

Verified at ____________ on this ____ day of ____________, 20__, that the contents above are true and correct to my knowledge and belief and nothing material has been concealed.

DEPONENT