The CJI-led Bench, which also comprised Justices J.B. Pardiwala and Manoj Mishra, remarked: “You must have something really drastic for such an Order to be passed.”
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ON Friday, the Supreme Court stayed the Order passed by a division Bench of the Calcutta High Court suspending the chief secretary, Andaman and Nicobar Administration, and summoning the lieutenant governor Admiral D.K. Joshi, in a contempt matter.
The high court’s direction will remain suspended until next week.
Attorney General for India R. Venkataramani mentioned the matter this morning before a Bench led by Chief Justice of India (CJI) D.Y. Chandrachud.
The CJI-led Bench, which also comprised Justices J.B. Pardiwala and Manoj Mishra, remarked: “You must have something really drastic for such an Order to be passed.”
Yesterday, a division Bench of the high court comprising Rajasekhar Mantha and Bibhas Ranjan De, observed that the contemnors had reduced the contempt jurisdiction of the court under Article 215 of the Constitution of India to a mockery.
The Bench heard a contempt petition alleging non-compliance with an Order passed on December 19, 2022, which awarded a higher pay of around ₹4,000 to daily-rated mazdoors (DRMs) in the Union territory of Andaman and Nicobar.
It also directed the authorities to release hiked dearness allowances to DRMs.
While hearing the contempt petition, the high court observed that the contemnors had the audacity to challenge and reopen the issues decided before the single-Bench and confirmed by the division Bench, without challenging the same before a higher judicial forum.
Taking strong exception to the delaying tactics of the Union territory administration, the high court observed: “In view of the blatant contumacious conduct of Admiral D.K. Joshi, this Court directs him to deposit with the registrar of the Port Blair Bench of the High Court at Calcutta, a sum of ₹5,00,000 from his own funds within a period of seven days from date.”
The high court also directed Joshi to appear in virtual mode and the chief secretary of Andaman and Nicobar administration to be personally present in the court to show cause why they should not be committed to prison for having committed contempt of court.
