‘Abuse of process of law’: SC trashes plea seeking contempt action against registry officials

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The Supreme Court on Friday trashed a plea seeking initiation of contempt action against its registry officials for not listing a matter despite the court’s direction.

A bench comprising Justices BR Gavai and Prashant Kumar Mishra said that filing of such contempt petition against its officials amounts to “browbeating” the registry and a clear “abuse of process of law”.

It said that mere non-listing of matter on a date fixed by the court cannot be a ground to initiate contempt proceedings against the Secretary General and Registrar (Listing).

“If we list a matter for Friday and we can’t take it up, you will initiate contempt petition against us (judges), saying they have committed contempt of their own court for not hearing the matter,” the bench asked, adding that it will impose a cost of Rs 25,000 on the petitioner.

Senior advocate Adish Aggarwala, President of Supreme Court Bar Association, who was present in the courtroom in a different matter, intervened and tendered unconditional apologies on behalf of the member of the bar.

He requested the court to recall its orders as to the imposition of cost.

The court said that the petitioner, at most, could have raised his grievance as to non-listing of plea on the administrative side. The bench dismissed the contempt plea without passing any adverse order as to cost.

The contempt plea was filed in connection with a matter seeking bail in abetment of suicide case, which was not listed by registry despite specific date given by the court.