Is power failure contempt of court?
TNN, Jul 10, 2010, 03.06am IST

CHANDIGARH: The administration of justice requires light, both for the free flow of justice to the aggrieved party and also for the ones at the helm of delivering this justice. This is the justification a lawyer has presented before the Armed Forces Tribunal (AFT), seeking contempt of court proceedings and challenging disruption of power supply to their office at the Chandimandir-based AFT.

Visibly upset over disruption of power supply at the AFT during court proceedings on July 6 and 7, a local lawyer, Sushil Gautam, has moved a contempt of court petition before the AFT seeking action against the Western Command authorities. In his petition, the lawyer has impleaded GoC of the Western Command, Lt Gen RS Ghosh, and chief works engineer and garrison engineer (utility) of Western Command as party.

Gautam has sent an advance copy to the respondents and the case would come up for hearing before the tribunal on July 20. In his petition, the advocate pleaded that on July 6 and 7, there was no electric power supply in the premises of AFT and the court, counsel and the whole staff had been sweating.

"There is a possibility that if a drop of sweat falls on a paper then the ink would get smeared resulting in mutilation of the judicial documents. It is known to all that people connected with judiciary, may be judges or advocates, wear coats, that too of black colour, which is a good absorber of heat. In the hot and humid season it remained very difficult for the court to work. But still the court fought against the adversities and worked even in hostile conditions and it was only when the court could not resist the hot and humid temperature that cases were adjourned," his petition states.

The sole grievance of the petitioner advocate is that by not ensuring proper and unhindered supply of electricity and by not making a provision for generator, the respondents have inferred in the administration of justice.

He has sought initiation of contempt of court proceedings against the respondents and taking them in judicial custody till the pendency of the petition. The advocate also petitioned that the generator supplying power to GoC (Western Command) be shifted to the campus of the court so that it could supply electric power to the court campus at his cost.