NEW DELHI: The Supreme Court on Friday said disobedience of court orders attacks the foundation of the rule of law which is the basis of our democracy and ordered demotion of an official in Andhra Pradesh for disobeying a high court direction . A bench of Justices B R Gavai and Augustine George Masih directed Andhra Pradesh government to revert the deputy collector, who as a tehsildar had forcibly removed several hutments in Guntur district in January 2014, to the post of tehsildar.
"We want the message to go throughout the country that nobody would tolerate disobedience of the court orders," Justice Gavai said.
Slapping a Rs 1 lakh fine on the officer, the top court stressed on sending out a message to everyone that no one was above the law.
"When a constitutional court or for that matter any court issues any direction, every authority, howsoever high he or she may be, is bound to respect the said order and comply with the same," it said.
The bench went on, "A disobedience of the orders passed by the court attacks the very foundation of rule of law on which our democracy is based."
The top court was hearing the official's plea against an order of the high court's division bench which rejected his contempt appeals.
The division bench refused to interfere with a single judge's order sentencing him to two months imprisonment for "deliberate and utter disobedience" of the high court's order.
The single judge's order came on the pleas alleging the officer, who was then a tehsildar, forcibly removed shanties in Guntur district in January 2014 despite a December 11, 2013 direction restraining him from doing it.
The apex court confirmed the high court's order which convicted the officer in the case.
The top court, however, modified the order sentencing him to imprisonment for two months for having committed contempt of the high court order.
"We further modify the sentence and the petitioner is sentenced to reduction of one level in the hierarchy of his service," the bench said.
It noted that the officer was promoted to the post of deputy collector in 2023.
The bench noted the submissions of the officer's counsel who claimed he bonafidely acted in order to save the government land and only evicted those who built their hutments overnight.
The counsel said if the petitioner was imprisoned for a period of 48 hours, then under the relevant service rules, he would be liable to be dismissed from service and his family would be affected.
"The petitioner (officer) ought to have thought about all this when he had demolished the structures of hutment dwellers and threw them on the roads along with their belongings," the bench said.
It added, "If the petitioner expects a humanitarian approach, it was not expected of him to have acted in an inhuman manner."
The bench said it could have taken a serious view of the matter but it was "reminded of a well-established adage that majesty of law lies not in punishing, but in forgiving".
The apex court said though the officer was not entitled to any lenient approach "on account of an adamant and callous attitude of the petitioner, his children and family should not be made to suffer".
While disposing of his plea, the bench directed the Andhra Pradesh government to revert the officer to the post of tehsildar.
He was ordered to deposit the fine amount within four weeks.
The apex court had previously asked the officer whether he was willing to accept demotion as a punishment for disobeying the high court order.
On Friday, the official's counsel said, "He (officer) will bow down to any punishment."
After the order was dictated, Justice Gavai said had the officer accepted it the first day itself, the bench might have only stopped his two or three increments.
"We are sure that he is very close to the government otherwise he would not have dared on three dates to say no," Justice Gavai observed.
The counsel said the apex court's message on the last date of hearing was "loud and clear" and unfortunately, the officer did not realise the seriousness earlier.
On May 6, the apex court slammed the officer for disobeying the high court's order, and said his actions "can't go unpunished".
"We want the message to go throughout the country that nobody would tolerate disobedience of the court orders," Justice Gavai said.
Slapping a Rs 1 lakh fine on the officer, the top court stressed on sending out a message to everyone that no one was above the law.
"When a constitutional court or for that matter any court issues any direction, every authority, howsoever high he or she may be, is bound to respect the said order and comply with the same," it said.
The bench went on, "A disobedience of the orders passed by the court attacks the very foundation of rule of law on which our democracy is based."
The top court was hearing the official's plea against an order of the high court's division bench which rejected his contempt appeals.
The division bench refused to interfere with a single judge's order sentencing him to two months imprisonment for "deliberate and utter disobedience" of the high court's order.
The single judge's order came on the pleas alleging the officer, who was then a tehsildar, forcibly removed shanties in Guntur district in January 2014 despite a December 11, 2013 direction restraining him from doing it.
The apex court confirmed the high court's order which convicted the officer in the case.
The top court, however, modified the order sentencing him to imprisonment for two months for having committed contempt of the high court order.
"We further modify the sentence and the petitioner is sentenced to reduction of one level in the hierarchy of his service," the bench said.
It noted that the officer was promoted to the post of deputy collector in 2023.
The bench noted the submissions of the officer's counsel who claimed he bonafidely acted in order to save the government land and only evicted those who built their hutments overnight.
The counsel said if the petitioner was imprisoned for a period of 48 hours, then under the relevant service rules, he would be liable to be dismissed from service and his family would be affected.
"The petitioner (officer) ought to have thought about all this when he had demolished the structures of hutment dwellers and threw them on the roads along with their belongings," the bench said.
It added, "If the petitioner expects a humanitarian approach, it was not expected of him to have acted in an inhuman manner."
The bench said it could have taken a serious view of the matter but it was "reminded of a well-established adage that majesty of law lies not in punishing, but in forgiving".
The apex court said though the officer was not entitled to any lenient approach "on account of an adamant and callous attitude of the petitioner, his children and family should not be made to suffer".
While disposing of his plea, the bench directed the Andhra Pradesh government to revert the officer to the post of tehsildar.
He was ordered to deposit the fine amount within four weeks.
The apex court had previously asked the officer whether he was willing to accept demotion as a punishment for disobeying the high court order.
On Friday, the official's counsel said, "He (officer) will bow down to any punishment."
After the order was dictated, Justice Gavai said had the officer accepted it the first day itself, the bench might have only stopped his two or three increments.
"We are sure that he is very close to the government otherwise he would not have dared on three dates to say no," Justice Gavai observed.
The counsel said the apex court's message on the last date of hearing was "loud and clear" and unfortunately, the officer did not realise the seriousness earlier.
On May 6, the apex court slammed the officer for disobeying the high court's order, and said his actions "can't go unpunished".
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