Manipur High Court
Kangjam Jayanta Singh vs Lisham Anilkumar Singh; & Ors on 8 August, 2025
Digitally signed by
KABORAMBA KABORAMBAM
M SANDEEP SANDEEP SINGH
Date: 2025.08.08
SINGH 16:18:19 -07'00'
Sl. No. 20
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
CONT CAS (C) J2 No. 4 of 2024
Kangjam Jayanta Singh
Petitioner
Vs.
Lisham Anilkumar Singh; & Ors.
Respondents
BEFORE
HON’BLE THE CHIEF JUSTICE MR. KEMPAIAH SOMASHEKAR
(ORDER)
08.08.2025
Learned senior counsel for the complainant/petitioner, Mr. M.
Rarry; and learned senior counsel for the respondents, Mr. N. Ibotombi are
present before the Court physically.
The accused/respondents Nos. 1-6 are also present in person
before the Court physically. Their presence is taken on record.
Learned senior counsel for the respondents, Mr. N. Ibotombi,
facilitated orders rendered by the Hon’ble Supreme Court of India in
Criminal Appeal Nos. 1176-1178 of 2016 in SLP (Criminal) No. 8078-8080
of 2016, between Lomesh Vidya Sagar Vs. Court on its own motion, Punjab
and Haryana High Court, at Chandigarh, through its Registrar General. The
appellant is aggrieved by the order passed by the High Court whereby he
has been convicted under the provisions of the Contempt of Courts Act,
1971 and imposition of penalty to the tune of Rs. 1,00,000/- (Rupees One
Lakh) in all the three cases. It is further observed that having regard to
the submissions made by the learned counsel for the appellant and taking
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note of the apologetic stand of the appellant and since appellant had
tendered unconditional and unqualified apology, we are of the considered
view that the interest of justice would be served if the conviction as also
the penalty be set aside. Ordered accordingly.
Apart from that citation, as referred by the learned senior
counsel for the respondents, Mr. N. Ibotombi facilitated one more citation
of (2016) 9 SCC 343 in Yatin Narendra Oza Vs. Khemchand Rajaram Koshti
and others. In this judgment also, the Hon’ble Supreme Court of India
addressed the issues as well as the scope of apology in contempt of Courts.
Contempt by advocate – affidavit filed by the petitioner, in addition to
affidavit filed on 25.08.2016 reiterating tendering of unconditional apology
and undertaking that he shall neither speak on subject in issue in public,
except in court proceedings nor to print media nor give any interview or
speak in electronic media on subject. The aforesaid observation has been
made in Para 9-11, referring to Section 2(c) and 12 of the Contempt of
Courts Act, 1971.
Whereas the learned senior counsel for the
complainant/petitioner submitted that apologetic stand has been taken by
the respondents/accused and the respondents/accused have removed the
fencing putting around the area, in the presence of the police and Court
bailiffs who have been deputed by the Concerned Court having jurisdiction
to deal the matter.
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This submission which is made by the learned senior counsel
for the complainant/petitioner, Mr. M. Rarry is taken on record.
Learned senior counsel, Mr. N. Ibotombi seeks short
accommodation on the premises that he wants to secure some specific
instructions from the respondents/accused. But the proceeding is relating
to civil in nature and there was judgment as rendered by the Court having
jurisdiction and subsequently appeal has also preferred and the judgement
and decree rendered by the court below has attained finality. The
judgment and decree has been seeking for fructuous by filing execution
petition under the relevant provision of Order 21 CPC. However, the
respondents/accused have removed all the fencing which was putting
around the areas which has been indicated in the judgment and decree
and removal of the fencing was in the presence of the Court Bailiffs.
In the meanwhile, the respondent No. 5, Lisham Chitreshore
Singh who is present before the Court physically, undertakes that the
fencing will be constructed in short time.
Therefore, keeping in view the submission which is made by
one of the respondents who is in the rank of respondent No. 5, it is deemed
appropriate that time is accommodated to the respondents/accused in
pursuance of the submission made by the learned senior counsel, Mr. N.
Ibotombi, and the respondents be directed that to put the fencing as it
was in the position earlier and then submit the report for consideration in
this matter along with the apology affidavit for their stand taken in this
matter.
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Consequently, this matter would be listed on 14.08.2025.
If the respondents/accused are not ready to persuade the
matter in accordance with law as keeping in view the provisions of Section
340 and 341 of the Cr.PC relating to affecting the administration and
justice.
Accordingly made an observation.
CHIEF JUSTICE
Sandeep
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