High CourtsDivision Bench(2021) 05 KAR CK 0034

Dr.Raghavendra H K vs Prof. Venugopal K R & Others

Karnataka High Court · Decided on 28 May 2021

HON’BLE JUDGES
Abhay S. Oka, CJ · Suraj Govindaraj, J
RESULT
Disposed Of
CASE NUMBER
Civil Contempt Petition No. 175 Of 2021 (CIVIL)

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Judgment

15 paragraphs · 322 words

Abhay S. Oka, CJ

1.

On 21st April 2021, the following order was passed by this Court which reads thus:

Faced with this difficulty, the learned counsel appearing for the accused, on behalf of the accused, undertakes to the Court to report compliance with

the order of which breach is alleged within a period of two weeks from today.

2.

As can be seen from the affidavit filed by Shri K.R.Venugopal, Vice-Chancellor of Bengaluru University, instead of complying with the undertaking

given to this Court to report compliance with the order of which breach is alleged, a decision was taken to seek the opinion of the Government. Now,

a reliance is placed by the accused on the order dated 6th May 2021 in Special Leave Petition (C) Nos.5972-5973/2021 filed by one Chaitra

Nagammanavar challenging the order of which breach is committed in which, stay has been granted by the Apex Court on 6th May 2021. The

undertaking was to be complied with by the accused within two weeks from 21st April 2021. The said period expired on 5th May 2021. Thus, prima

facie, this is a case of breach of the undertaking given by the accused to this Court.

3.

Considering the stay order passed by the Apex Court on 6th May 2021 in the aforesaid Special Leave Petitions, at this stage, we are not continuing

with the proceedings of this contempt petition and that we are not proceeding against the accused for breach of the undertaking given to the Court.

4.

Accordingly, we dispose of the contempt petition in view of the stay granted by the Apex Court on 6th May 2021. If the interim order granted by

the Apex Court is vacated, the complainant can always apply for revival of the contempt petition or he can file a fresh contempt petition in which, the

issue regarding breach of the undertaking given by the accused to the Court can be raised.