'Misuse of court's process': HC dismisses MLA Khaira’s contempt plea over demolition, imposes Rs 6 lakh cost

The Punjab and Haryana High Court on Thursday dismissed a contempt petition by Congress MLA Sukhpal Singh Khaira against state officials for allegedly demolishing a portion of his ancestral property and imposed a cost of Rs 6 lakh on him terming the plea a ''misuse of the process of court''.

A bench of Justice Sudeepti Sharma observed that to preserve the sanctity of judicial proceedings and to deter misuse of contempt jurisdiction, this court deems it appropriate to impose exemplary costs upon the petitioner.

Khaira, a legislator from Bholath in Punjab's Kapurthala, had moved the high court against the demolition of the portion of a wall/gate allegedly forming part of his ancestral residential property without adhering to the safeguards and procedural requirements mandated by the Supreme Court.

''The pleadings reveal a conscious attempt to cloak an ordinary civil and administrative dispute with the colour of contempt proceedings by selectively invoking the directions issued by the Supreme Court,'' the court said in its order.

It said that the plea ''conveniently overlooked the express exception carved out in paragraph 91 of the said judgment with regard to unauthorized structures existing upon public streets and public utility areas''.

The court was of the view that the petitioner failed to make out any case of willful or intentional disobedience on the part of the respondents.

''On the contrary, the record prima facie establishes that the respondents acted in discharge of statutory duties for removal of alleged encroachment from public land/public passage. The controversy sought to be raised by the petitioner pertains essentially to the legality and propriety of such action, which cannot be adjudicated in contempt proceedings,'' the court said.

The present petition constitutes a ''misuse of the process of court'' and reflects an attempt to invoke contempt jurisdiction for purposes alien to its true object and scope, said the order.

Such petitions not only consume precious judicial time but also subject public officials to unnecessary litigation despite their having acted in purported discharge of statutory obligations, it said.

This court also finds substance in the contention raised on behalf of the respondents that the present petition has been ''artfully and cleverly drafted'' so as to give an impression of violation of the judgment rendered by the Supreme Court in 'Directions in the Matter of Demolition of Structures', whereas the dispute essentially pertains to alleged encroachment over public property and the legality of administrative action undertaken for its removal.

The present contempt petition is dismissed with costs of Rs 6 lakh, to be paid by the petitioner to the respondents in equal shares, the court said.

The respondents shall furnish their respective bank account details to the petitioner, who shall remit the aforesaid amount directly into their accounts, it said.

The counsel representing Khaira contended that the respondents acted in an arbitrary and illegal manner with the sole object of harassing and politically victimizing the petitioner, who belongs to the opposition party.

It was also contended that no notice whatsoever was served upon the petitioner before demolition of the structure.

The respondents -- IAS officer Amit Panchal and others-- filed an affidavit dated April 22 sworn by Kulwinder Singh Randhawa, Block Development and Panchayat Officer, Nadala, Kapurthala, asserting therein that the action undertaken by the authorities did not amount to violation of the directions issued by the Supreme Court.

It has specifically been pleaded that the structure removed by the authorities constituted an encroachment over a public street/public passage vested in the Gram Panchayat and, therefore, fell within the exception carved out by the Supreme Court itself.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)