On 02.12.2014 after appearing with great
difficulty before Justice S.J. Mukhopadhaya at Supreme Court, we were constrained
to return to Pondicherry. But on 04.12.2014 we sent our counter for the
contempt petition filed against us by Registered Post Acknowledgment Due (RPAD)
from Delhi itself, addressed to the Registrar of Supreme Court, since Justice
Mukhopadhaya refused to accept our counter that day.
Now it is interesting to note that the Registrar
sent us notice of appearance on 05.12.2014 which we received in the afternoon
of 08.12.2014 informing us that we were supposed to appear on 09.12.2014 at
10.30 a.m. before Supreme Court. How on earth does the Registrar expect us to
appear within 12 hours? Is it humanly possible, especially with our meager resources?
What is more interesting to note is that our
letter dated 04.12.2014 enclosing our counter in contempt petition, posted from
Delhi, did not reach the Registrar before 09.12.2014. Is the postal service for
Supreme Court and for the common man different? Definitely not and therefore we
can conclude that not only has the Registrar played foul but he along with
Justice Gogoi and Justice Nariman have all helped perpetuate injustice.
But even more astounding fact is that this time
round Justice Gogoi and Justice Nariman have illegally and unlawfully modified
their own order through contempt proceedings to do the dirty work of illegal
eviction for the Ashram trustees. Is that legal and permissible? The ‘suit
premises’ has been now cited as specific premises viz. Ambabhikshu House
wherein we are residing, without taking in account the fact that this is an
interim petition not regarding any property dispute.
Moreover it can be seen that we are to be evicted
but no provisions have been made either monetarily or otherwise. Is the police
going to throw us on the streets and leave us to be raped and murdered by the
trustees and their henchmen? Or are we supposed to commit suicide to cater to
the whims and fancies of the corrupt judges of the Supreme Court and the Ashram
Trustees.
Within a week all answers will be known. Let us wait
and watch whether there is still a Power called God who hears and answers the
prayers of the common suffering man. In any event Supreme Court has become a monument
of injustice which is deteriorating exponentially everyday.
Supreme Court Final Order in Contempt Petition is
produced.
ITEM NO.2 COURT
NO.8 SECTION
XII
S U P R E M
E C O U R T O F I N D I A
RECORD OF
PROCEEDINGS
CONMT.PET.(C)
No. 395/2014 In SLP(C) No. 27620/2012
AUROBINDO ASHRAM TRUST Petitioner(s)
VERSUS
JAYASHREE PRASAD & ORS. Respondent(s)
(With office report)
Date : 09/12/2014 This petition was called on for
hearing today.
CORAM : HON'BLE
MR. JUSTICE RANJAN GOGOI
HON'BLE MR.
JUSTICE ROHINTON FALI NARIMAN
For Petitioner(s) Mr.
Sanjay Parikh,Adv.
Ms.
Mamta Saxena,Adv.
Mr.
A.N. Singh,Adv.
Mr.
Ritwik Parikh,adv.
Ms.
Anitha Shenoy,Adv.
For Respondent(s)
UPON
hearing the counsel the Court made the following
O R D E R
The
contempt petition is disposed of in terms of the signed order.
(MADHU
BALA) (ASHA
SONI)
COURT
MASTER COURT
MASTER
(Signed order is placed
on the file)
IN THE SUPREME COURT
OF INDIA
CIVIL
ORIGINAL JURISDICTION
CONTEMPT
PETITION (CIVIL) NO. 395 OF 2014
IN
SPECIAL
LEAVE PETITION (CIVIL) NO. 27620 OF 2012
AUROBINDO ASHRAM TRUST ...PETITIONER(S)
VERSUS
JAYASHREE PRASAD &
ORS. ..ALLEGED
CONTEMNOR/RESPONDENT(S)
O R D E R
Heard learned counsel for the parties and perused the
relevant material.
By Order dated 29th April, 2014 while dismissing the
special leave petition filed by the respondents, this Court had granted time
until 31st July, 2014 to the respondents (Petitioners in the SLP) to
vacate the premises in question subject to certain
conditions including the filing of an undertaking, inter alia, to the effect
that the respondents will vacate the premises on or before 31st July, 2014.
...2/
--2-
In terms of the aforesaid order, the five respondents
had filed their respective undertakings to vacate the premises situated at Sri
Aurobindo Ashram, “ Ambabhikshu House”, No. 33, Dr.Ambedkar Street,
Kuruchikuppam, Pondicherry- 605012 on or before 31st July, 2014.
The premises having not been vacated as ordered and
undertaken this contempt petition has been filed. As despite service of notice,
the respondents had not appeared and had not filed any counter affidavit,
bailable warrant of arrest was directed to be issued against each of the respondents
and the matter was posted on 2nd December, 2014. It is stated upon
execution of the warrant of arrest directed by this Court, the Respondent Nos.
4 & 5 had appeared on 2nd December, 2014. For reasons that need not detain
us the matter was deferred for hearing today i.e. 09.12.2014.
...3/
--3-
Not only the order of this Court dated 29th
April, 2014 is clear and unambiguous, in fact, the respondents have undertaken
to vacate the premises in terms of the aforesaid order on or before 31st
July, 2014 and have filed their respective undertakings before this court on
7th May, 2014. Despite the above, as the respondents have not vacated the
premises. Violation of this Court's order referred to above, therefore is
clear. Accordingly, we direct the respondents to vacate the said premises
within seven days from today failing which, we direct the jurisdictional Police
Station viz. All Mahila Police Station, Pondicherry, to evict the respondents
from the premises viz. Sri Aurobindo Ashram, “ Ambabhikshu House”, No. 33,
Dr.Ambedkar Street, Kuruchikuppam, Pondicherry- 605012. Beyond the above, we do
not consider it necessary to issue any further orders in the Contempt Petition.
...4/
--4-
The
contempt petition is disposed of accordingly.
…....................J.
[RANJAN GOGOI]
NEW DELHI …....................J.
[RANJAN GOGOI]
NEW DELHI …....................J.
9TH DECEMBER, 2014 [ROHINTON FALI NARIMAN]
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