A court order must be obeyed; it is the legally binding control over any person who falls under its jurisdiction. If the order is passed by the Supreme Court of India, then it becomes an absolute obligation for the concerned party. The Apex Court has a nationwide jurisdiction under Articles 141 and 142 of the Constitution of India, which is the reason why the Court’s decisions are regarded as the law of the land.
In this case, disobedience or deliberately rejecting or not following the Officers’ Supreme Court order is not just contempt of courts and the judiciary; it is a criminal act called Contempt of Court. Moreover, the Supreme Court has complete constitutional and statutory authority to punish such acts to safeguard the majesty of justice and the Rule of Law.
This article deals with the consequences of the law, enforcement mechanism under Article 129 and existing case laws, and remedies available when there is a Supreme Court order to be complied with, but is not complied with.
What Constitutes Disobedience of a Supreme Court Order?
Based on experience, disobedience can mostly take different forms:
- Ignoring a directive such as refunding money or vacating property.
- Making derogatory remarks against judges in public forums.
- Not appearing before court despite summons.
Civil and Criminal Contempt: Understanding the Two Forms of Disobedience
A. Civil Contempt – Refusal to Obey a Court Order
Civil contempt happens when there is someone who wilfully disobeys a court order or breaches an undertaking that is given to the Court.
In one of the cases, a party refused to pay maintenance ordered by the Supreme Court. The Court immediately issued a contempt notice and directed the attachment of the individual’s salary.
Punishment:
- Imprisonment not more than 6 months, and/or
- A fine of up to ₹2,000
Relevant Judgments:
- Ashok Paper Kamgar Union v. Dharam Godha (2003): Intentional disobedience constitutes civil contempt.
- State of Bihar v. Rani Sonabati Kumari (1961): Technical excuses cannot serve as a defence to failure to comply with a court order.
B. Criminal Contempt – Disrespecting the Authority of the Court
Criminal contempt is more extreme and consists of acts that scandalize or lower the authority of the Court, interfere with judicial proceedings, or impede the course of justice.
In one example, a businessman publicly challenged the integrity of the Supreme Court during a matter that was ongoing. The comments resulted in a suo motu contempt notice and punishment.
Punishment:
- Imprisonment not more than 6 months, and/or
- A fine of up to ₹2,000
Relevant Judgments:
- E.M.S. Namboodiripad v. T.N. Nambiar (1970): Chief Minister, even was found guilty of the contempt of court for making disrespectful comments.
- Arundhati Roy, In Re (2002): The right to freedom of expression cannot be exercised in a way that the court’s authority is diminished.
How the Supreme Court Enforces Its Orders?
1. Execution Proceedings as per Order XXI of the CPC, 1908
When a civil order or decree of the Supreme Court is disobeyed, the aggrieved party can file an execution petition. We have successfully filed such petitions in cases involving monetary decrees and eviction orders.
Examples:
- Money Recovery: The Court can attach property or freeze bank accounts.
- Eviction Orders: Police authorities can be directed to evict occupants.
- Injunction Violations: The Court may order sealing or demolition of the property.
Judgment: Satyabrata Biswas v. Kalyan Kumar Kisku (1994): Court decrees are enforceable through execution proceedings.
2. Continued Disobedience – Arrest or Heavy Fines
If any person does not comply with the direction of the court after receiving any kid of warnings, the court can issue a warrant order for their arrest or they can continue to impose heavy fines that would increase further until and unless the compliance is achieved.
Judgment: Vinay Chandra Mishra Case (1995): In this case, the court punished the senior lawyer for his conduct or behaviour by suspending his license as well as sentencing him to jail.
3. Property Attachment and Account Freezing
Under Section 51 and Order XXI Rule 41 of CPC, the Court can attach movable and immovable property or freeze bank accounts of those who defy its orders.
Judgment: Debabrata Bandopadhyay v. State of West Bengal: Property attachment is a legitimate tool for enforcing court orders.
4. Non-Bailable Warrants in Criminal Cases
If an accused fails to appear or violates bail conditions, the Court can issue a Non-Bailable Warrant (NBW) under Section 82 of the CrPC/Section 84 of the BNSS. Persistent defiance can even result in being declared a proclaimed offender.
5. Suspension of Business Licenses and Corporate Accountability
The Supreme Court of the Philippines may issue a ruling that can compel regulatory agencies to suspend the permits or licenses, shut down the business, or even personally make the directors liable in case of commercial or financial disputes.
Legal Remedies When Someone Disobeys a Court Order
Step 1: Petition for Court Readiness
If any person who was offended thinks that the disobedience was fully planned, they may file a petition to the Supreme Court with proper proof to support their claim (email, affidavit, etc.).
Step 2: File an Execution Petition
For civil decrees like payment recovery or eviction, file an execution petition under Order XXI CPC. The Court may attach property or direct police enforcement.
Step 3: Seek Urgent Judicial Intervention
The party who was offended may petition the Supreme Court underneath Article 32 or the High Court underneath Article 226 for an emergency order of enforcement if the disobedience violates basic rights.
Instances of Disobedience and Consequences
1. Failure to Pay Maintenance
A party ignoring a Supreme Court-ordered maintenance payment faced arrest and salary attachment.
2. Non-Compliance with Eviction Orders
The tenant’s refusal to leave resulted in the tenant’s forceful eviction with police intervention.
3. Violation of Injunction Orders
The builder who continued his work on the site despite the court order was punished with heavy fines and the structure was ordered to be demolished.
Conclusion
The Supreme Court treats disobedience as an attack on judicial integrity. The Court has summoned senior officials, corporate heads, and even public figures for failing to comply with its orders.
Disobedience of a Supreme Court order can lead to:
- Imprisonment up to six months
- Heavy fines or property attachment
- Suspension of professional or business licenses
- Arrest and public reprimand
In the event of a Supreme Court order being disobeyed, then it is very important to act right away by filing either a Contempt or Execution Petition. Compliance with court orders is not just a matter of good manners; it is a fundamental right guaranteed by the law and thus protected by the constitution.
One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.
FAQs
Q1. What is the penalty for not complying with a Supreme Court order?
The penalty is imprisonment of not more than six months or a fine of ₹2,000 in accordance with the Contempt of Courts Act of 1971.
Q2. What action can the Court take if someone doesn’t pay the amount directed by the Court?
The Court can attach or auction property or freeze bank accounts.
Q3. Can government officers be penalized for disobeying a Court order?
Yes, the Court can issue them a personal summons as well as impose costs, and also order departmental repercussions.
Talk to a Lawyer