Facts
The petitioner filed a contempt petition alleging wilful disobedience of the order dated 27 March 2023 passed by the Principal District & Sessions Judge, North-West District, Rohini Courts, in Contempt Petition (Crl.) No. 01/2023, and the order dated 13 August 2024 passed by the Delhi High Court in CRL.M.C. 3429/2023.
Source reference: p.1, para.1The dispute concerned an Other Backward Class (“OBC”) certificate issued to the petitioner’s daughter, Ms. Devika Saini. An earlier complaint by Raj Babu Dvivedy and respondent no. 2, Vanshraj, had been examined, and the certificate was found to be genuine.
Source reference: p.1, paras.2–3The petitioner subsequently received a notice dated 18 June 2026 from the Sub-Divisional Magistrate, Patel Nagar, GNCTD, pursuant to a fresh complaint/representation by Vanshraj concerning the same certificate.
Source reference: p.4, para.7During the proceedings, the respondents placed on record a Status Report dated 16 September 2026 and submitted that the impugned notice had been withdrawn by order dated 15 September 2026.
Source reference: p.5, paras.9–10The petitioner thereafter stated that his grievance stood satisfied.
Source reference: p.5, para.11Issues
Whether the respondents had wilfully disobeyed the orders dated 27 March 2023 and 13 August 2024 in relation to the petitioner’s daughter’s OBC certificate?
Source reference: p.1, para.1Whether the issuance of the notice dated 18 June 2026, pursuant to a fresh complaint regarding the same OBC certificate, warranted further contempt proceedings or relief?
Source reference: p.4, para.7; p.5, paras.9–11Law Applied
The Court applied the principle that contempt jurisdiction is attracted only where there is clear and wilful disobedience of a binding judicial order; mere conduct that is subsequently corrected or withdrawn does not, by itself, justify continuation of contempt proceedings.
Source reference: no citationThe Court also considered the effect of the earlier judicial proceedings and the finding that the OBC certificate was genuine.
Source reference: p.2, para.5Since the challenged notice had been withdrawn and the petitioner expressly accepted that his grievance had been satisfied, no further contempt relief was required.
Source reference: p.5, paras.9–12Reasoning
The earlier proceedings had recorded that the OBC certificate issued to Ms. Devika Saini was genuine, and the petitioner relied on those proceedings to contend that the subsequent notice concerning the same certificate violated the prior orders.
Source reference: p.2, para.5; p.4, para.7However, before the Court could grant further relief, the respondents produced the Status Report and demonstrated that the SDM’s notice dated 18 June 2026 had already been withdrawn by order dated 15 September 2026.
Source reference: p.5, paras.9–10As the impugned action no longer subsisted and the petitioner acknowledged that his grievance had been satisfied, the Court found no continuing basis for contempt proceedings.
Source reference: no citationHolding
The Court accepted that the petitioner’s grievance stood satisfied after withdrawal of the notice dated 18 June 2026.
Accordingly, the contempt petition was disposed of, without any further direction or relief.
Source reference: p.5, paras.11–12Original Court PDF
Dinesh SainivsYash Pal & Anr.
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