SC sets aside contempt proceeding against ONGC chief

New Delhi: The Supreme Court today quashed the contempt proceedings initiated by Madras High Court against ONGC chairman and managing director Sudhir Vasudeva for allegedly not complying with its order and cautioned courts to exercise this power with "greatest care" and "utmost restraint". The apex court held that the CMD and others cannot be said to have acted in wilful disobedience of the high court order by not creating supernumerary posts of Marine Assistant Radio Operators and set aside the order of the high court.[caption id="attachment_1374137" align="alignleft" width="380"] Supreme Court of India. Reuters[/caption] "The power vested in the high courts as well as this court to punish for contempt is a special and rare power available both under the Constitution as well as the Contempt of Courts Act, 1971. It is a drastic power which, if misdirected, could even curb the liberty of the individual charged with commission of contempt," a bench headed by Chief Justice P Sathasivam said.The bench, also comprising justices Ranjan Gogoi and Shiva Kriti Singh, said that contempt power casts a sacred duty on courts which must be exercised with caution. "The very nature of the power casts a sacred duty in the Courts to exercise the same with the greatest of care and caution. This is also necessary as, more often than not, adjudication of a contempt plea involves a process of self determination of the sweep, meaning and effect of the order in respect of which disobedience is alleged," it said. The apex court said that the direction of the high court for creation of supernumerary posts cannot be "countenanced". "Not only the Courts must act with utmost restraint before compelling the executive to create additional posts, the impugned direction virtually amounts to supplementing the directions contained in the order of the high court dated August 2, 2006," the apex court said. ONGC contended that since its operational requirements did not justify the retention of the posts of Marine Assistant Radio Operators any further, its officers cannot be faulted for not having such posts and instead creating posts of Junior Helpers to accommodate them and giving them parity of pay in terms of the option granted by the high court.It set aside the order passed by Madras High Court in a contempt petition against Vasudeva, saying that there was no "wilful disobedience" on the part of him and others. "Courts must not, therefore, travel beyond the four corners of the order which is alleged to have been flouted or enter into questions that have not been dealt with or decided in the judgment or the order violation of which is alleged. "Only such directions which are explicit in a judgement or order or are plainly self evident ought to be taken into account for the purpose of consideration as to whether there has been any disobedience or wilful violation of the same," it said.The high court had directed Vasudeva to implement its earlier order in letter and spirit by absorbing 46 contract workers as Marine Assistant Radio Operators. It had directed ONGC to create supernumerary posts in that cadre if necessary. PTI