Sc full order Contempt Petition (Civil) No 955 of 2021 in Special Leave Petition (Civil) No 5908 of 2020

IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION

Contempt Petition (Civil) No 881 of 2021 in

Special Leave Petition (Civil) No 1989 of 2020

T M Rabbani              … Petitioner(s)

Versus

G Vani Mohan & Ors         … Respondent(s)

WITH

Contempt Petition (Civil) No 955 of 2021 in

Special Leave Petition (Civil) No 5908 of 2020

O R D E R

  • We have heard Mr Gaichangpou Gangmei and Mr V Sridhar Reddy, counsel

appearing on behalf of the petitioner and Mr C S Vaidyanathan, senior counsel

appearing on behalf of the respondent – contemnors.

  • By an order of this Court dated 27 January 2020, in SLP(C) No 1989 of 2020, the judgment of the High Court of Andhra Pradesh dated 27 September 2019 in Writ Petition No 40252 of 2015 has been stayed. Thereafter, there was an order of

this Court dated 8 February 2021 in Contempt Petition (C) No 152 of 2021.

  • Mr C S Vaidyanathan submits that the respondents were in a difficult situation as a result of a subsequent order of a Single Judge of the High Court dated 21

October 2021 and there was no intent to evade complying with the order of this

Court.  It needs no clarification that the order of this Court would have

precedence notwithstanding anything contained in any order of the High Court.

  • In the face of the above orders, it is impermissible for the respondent – contemnors to either exclude the license holders from participating in the auction or from being granted leases, including in the shopping complex

constructed by the State, on the ground of their religion.

  • In the circumstances, in order to enable the respondent-contemnors to obviate any coercive steps being taken against them for breach of the order of this Court, we direct that none of the tenants/shop holders shall be excluded from participating in the auction or from the grant of leases including in the shopping

complex on the ground of their religion.

  • The Contempt Petitions are accordingly disposed of.
  • Pending application, if any, stands disposed of.

 

             

 ………………………….……………………..J.

                                                                   [Dr Dhananjaya Y Chandrachud]

…..…..…….………..……………….………..J.

                             [A S Bopanna]

 

New Delhi;

December 17, 2021

-S-

ITEM NO.43+13     Court 4 (Video Conferencing)       SECTION XII-A

               S U P R E M E  C O U R T  O F  I N D I A

                       RECORD OF PROCEEDINGS

 CONMT.PET.(C) No. 881/2021 in SLP(C) No. 1989/2020 T.M RABBANI                                        Petitioner(s)

                                VERSUS

  1. VANI MOHAN & ORS. Respondent(s)

(FOR ADMISSION and IA No.149806/2021-STAY APPLICATION and IA

No.149803/2021-EXEMPTION FROM FILING O.T.)

WITH

CONMT.PET.(C) No. 955/2021 in SLP(C) No. 5908/2020

(FOR ADMISSION)

 Date : 17-12-2021 These petitions were called on for hearing today.

CORAM : HON’BLE DR. JUSTICE D.Y. CHANDRACHUD          HON’BLE MR. JUSTICE A.S. BOPANNA

For Petitioner(s) Mr. Gaichangpou Gangmei, AOR Mr. Arjun D. Singh, Adv.

Mr.Yashvir Kumar, Adv.

Mr. V. Sridhar Reddy, Adv.

                  Mr. Abhijit Sengupta, AOR Mr. Mukesh Chandra, Adv.

                  

For Respondent(s) Mr. C. S. Vaidyanathan, Sr. Adv.

Mr. Mahfooz A. Nazki, AOR Mr. Polanki Gowtham, Adv.

Mr. Shaik Mohamad Haneef, Adv.

Mr. T. Vijaya Bhaskar Reddy, Adv.

Mr. K.V. Girish Chowdary, Adv.

UPON hearing the counsel the Court made the following

                              O R D E R

  • In terms of the signed order, the Contempt Petitions are disposed of.
  • Pending application, if any, stands disposed of.

  (SANJAY KUMAR-I)                (SAROJ KUMARI GAUR)

     AR-CUM-PS                           COURT MASTER

(Signed order is placed on the file)

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