Court orders cannot be disobeyed: Kerala HC

Recently, a division bench of the Kerala High Court comprising Chief Justice Hrishikesh Roy and Justice A K Jayasankaran Nambiar observed that obedience to court orders cannot be at the discretion of the concerned to whom it is directed, nor can such a person question the correctness of such orders except through legal proceedings.

Deprecating the conduct of the petitioner Shaji and his wife in obstructing the implementation of lawful directions issued by the High court, the bench held that the couple was guilty of the contempt of court .

For this, while imposing the punishment on the couple to render 100 hours of community service each at the palliative care unit at the General Hospital in Ernakulam as Home Care assistants to patients, the bench also directed the Medical Superintendent of the Hospital to report compliance.

In case of not complying with this order, they shall forfeit the benefit of the lenient sentence granted by the court, and be liable to such stiffer sentence, the court added. Before parting, the Court observed : " We might at the very outset clarify that we are not persuaded in these proceedings to believe that the majesty of this Court has in any way been affected by the actions of the 3rd and 4th

respondents defying the orders of this Court and obstructing the lawful implementation of the same.

This court is not a fragile flower that will wither in the heat of such confrontation. We are concerned, however, with the message that would carry to the society at large, if such contumacious conduct of the respondents is left unpunished.

The conduct of the respondents should not pave the way for others to believe that defying orders of this court is the only way to get court to review its decisions. A lawful order can be set aside only by another lawful order passed by a court of competent jurisdiction.

Obedience to lawful orders passed by a court in our country cannot be at the discretion of the person to whom it is directed, nor can such a person question the correctness of such orders except through legal proceedings."

Incidentally, the judgement by the Kerala High Court comes at the time when politicians like Mahebooba Mufti and Asaduddin Owaisi are engaged in making irresponsible comments on the verdict of Samjhauta Express which are highly contemptuous in nature.