Bombay High Court orders civil imprisonment of State Government officers

Court orders civil imprisonment stayed

In a significant legal development, the Bombay High Court initially ordered the civil imprisonment of five state government officers, including Aseem Gupta, the Principal Secretary of the Urban Development Department. This action stemmed from alleged "wilful and aggravated" disobedience of multiple High Court orders dating back to the previous year.

The case originated from 26 farmers who, represented by advocate Nitin Deshpande, approached the High Court. They claimed that the state government had failed to allocate land to them as "project-affected people" after their land was acquired for the Chaskaman and Bhama-Askhed irrigation projects. In response, the state government had pledged on March 2, 2022, to complete the land allocation process for eligible petitioners within six months "without fail." However, when the state did not fulfill this commitment, the petitioners filed contempt pleas.

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Officers' claim of ignorance

During the legal proceedings, the officers involved in the case claimed that they were not aware of the contempt proceedings, citing the absence of notice. The court deemed this assertion "unjustified."

On June 28, 2023, the court had "prima facie" noted the state government's non-compliance with its March 2022 order. Despite clear timelines established in that order, the officers named in the case had failed to adhere to it. Consequently, the court issued a show cause notice to the officers, including Pune's additional collector, a deputy collector in the rehabilitation department, a revenue officer, a land acquisition department officer, and Aseem Gupta. The notice demanded an explanation for their alleged intentional disobedience of the March 2022 order.

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However, despite receiving notices, the officers did not submit their responses as required. This prompted the court to summon all five officers to appear on August 30. Unfortunately, except for one officer, the rest refused to attend, claiming transfers as their reason. The court expressed disappointment at their disregard for the legal process, emphasizing that such behavior indicated a lack of respect for the rule of law and the court's authority.

A Revised order and second opportunity

Initially, the court ordered a one-month civil imprisonment for the officers found in contempt. However, during the post-lunch session, senior advocate Milind Sathe, representing the officers, requested a stay on the order and an opportunity for the officers to present their side. The court granted a second chance to the officers to respond to the show cause notice, postponed the civil imprisonment for a week, and scheduled the next hearing for September 6. During that hearing, the officers are expected to be present before the court.

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