Contempt Petition and Trial Stay: Supreme Court’s Decision on Delayed Proceedings
The case concerns a contempt petition filed by T.S.K. Ashwin Kumar against his wife, Tubati Srivalli, challenging the delay in the trial proceedings. The dispute arose after the wife filed a criminal complaint against the husband and his relatives, accusing them of domestic violence under Section 498A of the IPC. A special leave petition (SLP) and contempt petition were filed after the delay in the trial proceedings and subsequent stay order granted by the High Court.
Background of the Case
The petitioner, Ashwin Kumar, and the respondent, Tubati Srivalli, got married in 2008 and had a child in 2010. After some years, the respondent filed a criminal complaint in 2015 against the petitioner and his family under various sections of the IPC, including Section 498A (cruelty). A charge sheet was filed in 2017, and after a supplementary charge sheet in 2017, the proceedings against some accused were quashed by the Supreme Court in 2018. In the meantime, the petitioner sought permission to travel to the USA, which was opposed by the respondent, leading to further complications.
In 2019, the High Court allowed the petitioner to travel after a bank guarantee was provided. However, the respondent filed a special leave petition challenging the relaxation of bail conditions, leading to an order by the Supreme Court in July 2019 that directed the trial court to complete the trial within two months. Despite this order, the trial was not concluded within the prescribed time, prompting the contempt petition.
Petitioner’s Arguments
The petitioner, Ashwin Kumar, argued that:
- The trial was delayed for over 15 months despite the Supreme Court’s clear order to complete it within two months.
- The respondent’s actions were deliberately causing the delay by filing frivolous petitions and objections to the proceedings.
- The petitioner had complied with all orders and requirements, including furnishing a bank guarantee, but the respondent continued to create obstacles.
“The respondent has repeatedly used delay tactics, frustrating the judicial process and causing undue harm to the petitioner’s rights. The trial has dragged on without any valid reason.”
Respondent’s Arguments
The respondent, Tubati Srivalli, countered that:
- She was not responsible for the delay, and the stay granted by the High Court was necessary for ensuring that justice was served.
- The petitioner’s claim of deliberate delay was unfounded, as she was only pursuing her legal rights within the confines of the law.
- The stay was granted by the High Court to preserve fairness in the trial, which should not be interfered with.
“I have not done anything to delay the proceedings. The stay was necessary to ensure proper examination of the evidence and to protect my rights.”
Supreme Court’s Judgment
The Supreme Court, after considering the arguments of both parties, ruled as follows:
- The Court expressed displeasure over the delay in the trial and criticized both the High Court and the State for not adhering to the timeline set by the Supreme Court.
- It was noted that the respondent’s actions in filing petitions for delays were unjustified, and the trial had been unnecessarily prolonged, despite the clear order from the Supreme Court.
- The Court vacated the stay granted by the High Court and directed the trial court to resume the proceedings from where it had been stayed, ensuring that the trial was concluded as soon as possible, and ideally within two months.
“Any attempt to delay the judicial process or overreach an order passed by this Court will not be tolerated. The trial must proceed expeditiously, and no further delays shall be permitted.”
Conclusion
The Supreme Court’s decision emphasizes the importance of adhering to timelines in legal proceedings and discourages any actions that could lead to unnecessary delays. In this case, the Court made it clear that the stay granted by the High Court was inappropriate and that the trial should proceed without further hindrance. The ruling serves as a reminder to all parties involved in litigation that they must comply with the directions of the Court, and any deliberate attempts to delay proceedings will be met with strict disapproval.
Petitioner Name: T.S.K. Ashwin Kumar.Respondent Name: Tubati Srivalli.Judgment By: Justice S.A. Bobde, Justice A.S. Bopanna, Justice V. Ramasubramanian.Place Of Incident: Hyderabad, Telangana.Judgment Date: 06-11-2020.
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