Misleading the Court to Get Favorable Order Without Intention to Comply Amounts to Contempt: SC
By Radha Jha

Misleading the Court to Get Favorable Order Without Intention to Comply Amounts to Contempt: SC

The Supreme Court recently ruled that intentionally deceiving the court to secure an order, without intending to honor it, constitutes contempt of court. Justices Abhay S. Oka and A.G. Masih, while delivering judgment in a contempt plea, stated:

“A party misguiding the Court to pass an order which was never intended to be complied with would constitute an act of overawing the due process of law and, thus, commit contempt of Court.”

Background of the Case:
The case involved a dispute over a 2014 licensing agreement for a commercial property in Munnar, Kerala. The respondent failed to make the required payments under the agreement, resulting in arbitration proceedings and a subsequent settlement in 2017. Later, in 2022, the respondent assured the Supreme Court he would clear the outstanding amount of ₹1.72 crore in six installments. However, he defaulted on this commitment, prompting the petitioner to initiate a contempt proceeding.

The Bench observed that the respondent had taken advantage of the court’s trust by giving a false assurance, thus abusing the court’s process:

“Once an order is obtained from the Court on the basis of a party’s submissions and the party fails to comply with it, that amounts to contempt of Court.”

The Court further remarked:

“From the outset till the end, the respondent has attempted to manipulate the judicial process. This kind of abuse of court process, aimed at undermining the image and integrity of the judiciary, cannot be tolerated under the excuse of financial hardship.”

Final Ruling:
The Court sentenced the respondent to three months’ simple imprisonment and imposed a fine of ₹20,000. If the fine is not paid, the imprisonment would be extended. However, a 30-day period was granted before the sentence takes effect, allowing the respondent a final chance to fulfill his commitments.

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  • April 26, 2025

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