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Bhubaneswar: Facing intense political heat in the State Assembly over the Kotia row, the counsel of the Odisha government at the Supreme Court sought four weeks’ time (till March 19) to file a reply to the affidavit of the Andhra Pradesh government.
While political analysts view the move by the Odisha government as biding the time when the Assembly is in session (Phase-1 of Assembly session will end on February 28 and Phase -2 will start from March 12 to end on April 9), the moot question bothering every conscience is will the Apex Court dismiss the plea filed by the Odisha government?
LEGAL GROUND BEHIND ODISHA PLEA
The Odisha Government had moved the Supreme Court seeking initiation of contempt of court proceedings against Andhra Pradesh (AP) for violating the status quo order passed by SC in 1968. The Apex court had dismissed the petition filed by Odisha in 2006 but had asked for maintenance of the status quo.
Making this a ground, the Odisha government had sought initiation of contempt of court proceedings against Andhra Pradesh when the neighbouring state conducted panchayat polls in the village cluster in Odisha.
On the plea of Odisha, the Supreme Court had sent a notice to the neighbouring state. And the Andhra Pradesh government had filed its affidavit in the Apex court yesterday (Feb 18).
However, the AP government in its reply pleaded before the Apex court to dismiss the contempt of court petition filed by Odisha.
WILL SC DISMISS ODISHA PLEA?
In its submission before the Supreme Court, the Andhra Pradesh government argued that contempt of court doesn’t exist as no order regarding maintenance of status quo had been passed by the Apex court while disposing of the case in 2006.
As per the Affidavit filed by the AP government, when the Supreme Court dismissed the suit in 2006 as the case was not maintainable under Article 131 of the Indian Constitution, the statement regarding status quo was made after the dismissal of the suit by the Court, and the Court did not intend to pass any direction to that effect.
The counsel of AP had presented the excerpts of the 2006 Judgement.
“"...The parties now consent that the order of status quo may continue until it is varied by an appropriate authority in accordance with the law. Since we have dismissed the suit, we can only and do hereby record this as an agreement between the parties.”
The Affidavit thus contended the following…
“.. it is most respectfully submitted that assuming that there was any undertaking given to the Hon'ble Court by the parties, it is settled law that an action for contempt can only be taken in respect of breach of the undertaking if this Hon'ble Court has passed an order on the basis of such an undertaking. There was no such undertaking in the present matter. To the contrary, the Hon'ble Court was not at all influenced by the agreements by the parties in passing the 2006 judgement. The Hon'ble Court categorically noted, after the dismissal of the suit, that it was merely recording the fact that parties had entered into a contract."
CONTEMPT OF COURT – A LEGAL–CHECK
What the Supreme Court guidelines on contempt of court states?
The plea filed by Odisha comes under civil contempt. And…
According to section 2(b) of the Contempt of Courts Act, 1971 civil contempt means wilful disobedience to any judgement, decree, direction, order, writ or other processes of a court or wilful breach of an undertaking given to a court.
The argument of Odisha is AP has violated an agreement given to the Apex court.
However, the law has quite unambiguously detailed when a breach of an undertaking is considered contempt of the court.
It says….
An undertaking breached by any party will be considered as contempt of court provided…
The clear and express oral undertaking has been incorporated by the court in the order.
The Andhra Pradesh government has invoked this legal point to seek dismissal of contempt of court suit filed by Odisha.
WHAT ODISHA GOVERNMENT SAYS?
Speaking to reporters today, Revenue and Disaster Management Minister Sudam Marandi said,
“Odisha Government has sought time to study the reply filed by Andhra Pradesh and present more supporting documents before the SC to prove Kotia belongs to Odisha.”
However, the minister was at his evasive best when the media men queried over the outcome of the suit filed and why Odisha needed such a long time to submit its reply?
“Since Odisha has filed a suit charging contempt of court against AP, the argument that Odisha is searching more documents to bolster its claim on Kotia sounds irrelevant. The SC will first examine the case of contempt. The Apex court had already dismissed the plea in 2006. And Andhra Pradesh has summarily sought for dismissal of the plea as there is no ground of contempt of court. Now, Odisha government has to prove that the undertaking or agreement is part of the 2006 court order,” explained a former Advocate General of Odisha.
