Supreme Court sets aside contempt proceeding against ONGC CMD Sudhir Vasudeva

NEW DELHI: The Supreme Court today quashed the contempt proceedings initiated by Madras High Court against ONGC CMD Sudhir Vasudeva for allegedly not complying with its order and cautioned courts to exercise this power with "greatest care" and "utmost restraint".

The apex court held that the CMD and others cannot be said to have acted in wilful disobedience of the HC order by not creating supernumerary posts of Marine Assistant Radio Operators and set aside the order of the High Court.

"The power vested in the High Courts as well as this Court to punish for contempt is a special and rare power available both under the Constitution as well as the Contempt of Courts Act, 1971. It is a drastic power which, if misdirected, could even curb the liberty of the individual charged with commission of contempt," a bench headed by Chief Justice P Sathasivam said.

The bench, also comprising justices Ranjan Gogoi and Shiva Kriti Singh, said that contempt power casts a sacred duty on courts which must be exercised with caution.

"The very nature of the power casts a sacred duty in the Courts to exercise the same with the greatest of care and caution. This is also necessary as, more often than not, adjudication of a contempt plea involves a process of self determination of the sweep, meaning and effect of the order in respect of which disobedience is alleged," it said.

The apex court said that the direction of the High Court for creation of supernumerary posts cannot be "countenanced".

"Not only the Courts must act with utmost restraint before compelling the executive to create additional posts, the impugned direction virtually amounts to supplementing the directions contained in the order of the High Court dated August 2, 2006.