High Court – Asks Erring Bishop to seek pardon from god
March 3, 2014 Leave a comment
During Appeal,Judges Say He Should Be Fined
A Subramani TNN
Chennai:An evangelicalbishop has been punished by the Madras high court for contemptof court,andhow
Seek pardon from your god,and that shall be the punishment for your contemptuous act :Thiswastheessenceof an order of the Madras high court,which pulled up a bishop of the Tamil Evangelical Lutheran Church for having consciously violated the courtsorders.
AsinglejudgehadheldHA Martin,bishop of the Tamil Evangelical Lutheran Church in Trichy,guilty of contemptof court.But,instead of imposing a fine or sentencing him to jail,the judge observed : He should seek pardon from the source in whose jurisdiction hehassomefaith.
When the bishops appeal came up before a division benchcomprising acting Chief Justice SatishKA gnihotri and JusticeKK Sasidharan,the very maintainability of the appeal was questioned on the groundthatwhen therewas no punishment as such,how couldthe appealbeheard
The moot question was whether the order holding the bishop guilty of contempt of court,and to punish him for his contemptuous act,and thereafter todirecthim toseek pardon from the source in whose jurisdiction he had some faith,would amount to a sentence enabling him to file a statutory appeal under Section 19(1) of the Contempt of CourtsAct
On Friday,the judges held it was indeed a clear case of punishment,andhencethe appealwas maintainable.
The order passed by the single judge,in our view,would amount to punishment even though it would not make him liable to pay fine or to suffer imprisonment, the judges said.They added that the declaration madeby thejudgethat the bishop had committed a contemptuous act by disobeying court direction and that he should be fined for his conscious violation of the orders,and the ultimate direction to seek pardon from thesourcein whose jurisdiction he has some faith,should be construed as a punishmentwithin the meaning of sub-section (1) of Section 19 of the Contempt of Court Act,giving him a right of appeal before the appellatecourt.
Passing orders on civil revision petitions on December 14,2010,a single judge had issued several directions,including appointment of a former HC judge as administrator of the church.However,oneEDCharlesinitiated contempt proceedings against bishop Martin saying he had convened an extraordinary general body meeting on April 26 and 27,2013without consulting others,including the administrator,and closed the central office after declaration of poll results.
THIS GOES AGAINST Supreme Court Jedgement.
Apology wont fix contempt,says SC
Fines Medical College 50L For Flouting Court Order
Dhananjay Mahapatra TNN
New Delhi: The Supreme Court has sent out a loud message that an unconditional apology after wilful violation of its orders will not entitle those facing contempt proceedings to any mercy.