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Jagbhir Singh & Ors. v. P.K. Tripathi, Chief Secretary, Govt. of NCT of Delhi & Ors. (Contempt Petition in the M.C. Mehta Delhi-sealing matter)

Contempt Petition (Civil) · 2017 INSC 597Decided 10 Jul 2017
Contempt Petition (Civil) No. 222 of 2012 in Writ Petition (C) No. 4677 of 1985
Chief Justice J.S. Khehar · Dr. Justice D.Y. Chandrachud

Background

Pursuant to the Supreme Court's long-running directions (in the M.C. Mehta Delhi-sealing litigation) requiring illegal industrial units in residential areas to close down, the respondent-contemnor, Sanjay Gupta, gave a sworn 2004 affidavit undertaking to shift his industrial unit out of his residential premises in exchange for the premises being de-sealed. He did not fully comply, continued running a Dal Mill from the same premises, was caught again in 2015, obtained a further de-sealing order from the Delhi High Court on a fresh undertaking, and again failed to stop the industrial activity.

Decision Breakdown

The Supreme Court held that Gupta's repeated, documented breach of his own sworn undertakings to the Court amounted to willful contempt. Despite his unqualified apology and plea for pardon, the Court held that a deterrent approach was necessary and directed him to surrender to serve a 10-day prison sentence along with a fine of Rs. 10,000 per month for the duration of the violation (or, failing timely payment of the fine, an alternative three-month sentence with a lower monthly fine), and disposed of the contempt petition in those terms.

Lesson Learnt

An undertaking given to a court is not a one-time formality to get an immediate benefit, breaking it, even years later, is treated as contempt of court and can result in actual imprisonment and fines, not merely a warning.

Official source (sci.gov.in)View Judgment (PDF)

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