The Punjab & Haryana High Court reaffirmed that when the Supreme Court issues a status quo order regarding the subject matter of a High Court direction being challenged before it, fresh contempt proceedings before the High Court are not maintainable at that stage. The ruling follows and applies established law and will guide similar matters across the jurisdiction until the Supreme Court disposes of the SLP.
Summary
| Category | Data |
|---|---|
| Case Name | COCP/3990/2025 of PREETI SHARMA AND ANOTHER Vs ANINDITA MITRA AND ANOTHER |
| CNR | PHHC011248292025 |
| Date of Registration | 08-08-2025 |
| Decision Date | 30-10-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | MRS. JUSTICE ALKA SARIN |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding within the Punjab & Haryana High Court’s jurisdiction |
| Overrules / Affirms | Affirms established legal procedure regarding contempt and status quo during SLP pendency |
| Type of Law | Contempt of Courts / Civil Procedure / Constitutional Law |
| Questions of Law | Whether a High Court can initiate or entertain contempt of court proceedings where the Supreme Court has issued a status quo order regarding the same subject matter in an SLP. |
| Ratio Decidendi | When the operation of a High Court order is stayed or status quo is ordered by the Supreme Court in an SLP, no ground exists to entertain contempt petitions alleging non-compliance with the High Court order. The High Court must respect the Supreme Court’s interim directions, which have overriding effect. Entertaining contempt in such circumstances would be inappropriate and inconsistent with judicial discipline, as the subject matter is sub judice before the Supreme Court and governed by its interim orders. |
| Judgments Relied Upon | Order of Supreme Court in SLP (Civil) Diary No. 46242/2025 |
| Facts as Summarised by the Court | State of Punjab obtained a status quo order from the Supreme Court in SLP (Civil) Diary No.46242/2025 against the High Court orders in CM-3184-LPA-2025 and LPA-1843-2019. Petitioners sought contempt for alleged violation of the High Court’s order dated 05.05.2025. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Punjab & Haryana High Court’s jurisdiction |
| Persuasive For | Other High Courts |
| Follows | Supreme Court interim order in SLP (Civil) Diary No. 46242/2025 |
What’s New / What Lawyers Should Note
- Reiterates that contempt petitions for alleged disobedience of a High Court order are not maintainable if the Supreme Court has issued a status quo order in an SLP concerning the same order.
- Supreme Court’s interim directions take precedence and must be respected by subordinate courts, including the High Court itself.
- Lawyers must check for any status quo or interim stay orders passed by the Supreme Court before initiating or pursuing contempt proceedings related to High Court orders.
Summary of Legal Reasoning
- The Court observed that the State of Punjab had obtained a status quo order from the Supreme Court in its SLP challenging the very High Court orders whose non-compliance was alleged in the contempt petition.
- The Supreme Court’s order directed that “status quo” be maintained regarding the subject matter.
- The High Court emphasized that where such a Supreme Court direction exists, entertaining a contempt petition at that stage would be improper, as the Supreme Court’s interim directions have overriding effect.
- Judicial discipline and comity require that subordinate courts, including the High Court, refrain from parallel proceedings that might conflict with Supreme Court orders.
- Consequently, the Court dismissed the contempt petition as not maintainable at this juncture.
Arguments by the Parties
Petitioner
Sought initiation of contempt proceedings for alleged willful disobedience of the High Court’s order dated 05.05.2025.
Respondent / State
Produced a copy of the Supreme Court’s order dated 16.09.2025 in SLP (Civil) Diary No.46242/2025, noting that status quo had been directed by the Supreme Court with respect to the impugned High Court order.
Factual Background
Petitioners filed a contempt petition under Section 12 of the Contempt of Courts Act, 1971, alleging willful disobedience of the High Court’s order dated 05.05.2025, passed in CM-3184-LPA-2025 in LPA-1843-2019. Meanwhile, the State of Punjab challenged the said High Court orders before the Supreme Court in SLP (Civil) Diary No.46242/2025. The Supreme Court, by order dated 16.09.2025, issued notice and ordered status quo to be maintained. In light of the Supreme Court’s interim directive, the High Court found no ground to entertain the contempt petition.
Statutory Analysis
- Section 12, Contempt of Courts Act, 1971: Provides for punishment for contempt of court.
- Article 215, Constitution of India: High Courts’ inherent power to punish for contempt.
- The judgment underscores that these powers are exercisable subject to interim directions of the Supreme Court, which have overriding authority (as under Articles 141 and 142 of the Constitution).
- No expansive statutory interpretation was undertaken in this order beyond reaffirming the established interplay between contempt jurisdiction and the Supreme Court’s interim orders.
Dissenting / Concurring Opinion Summary
No concurring or dissenting opinions were mentioned or recorded in the judgment.
Procedural Innovations
No new procedural approaches or innovations were introduced or discussed in the judgment.
Alert Indicators
- ✔ Precedent Followed – The Court affirms existing principles regarding the primacy of Supreme Court interim orders in matters sub judice, particularly where status quo or stay has been directed.