Telangana HC Dismisses Fresh Contempt Petition on PoP Idol Immersion

Madhav said that the order was followed in its breach and the government was guilty of wanton violation of court orders that had prohibited immersion of PoP idols from Tank Bund in Hussainsagar. The special bench comprising Justice T. Vinod Kumar and Justice Anil Kumar Jukanti recorded the finding that after the order was made in 2021, the court had recorded its satisfaction on compliance.

Earlier in the day, senior counsel L. Ravichander, appearing for Bhagyanagar Ganesh Utsav Samiti, raised two preliminary objections on the maintainability of the contempt case. Senior counsel argued that assuming there was violation, the ‘lis’ was hit by the law of limitation. Senior counsel pointed out that under the Contempt of Courts Act, one year as limitation was provided for prosecuting a person. Here, even according to the complaint, the violation was of an order made in 2021.

Ravichander also relied on an apex court verdict on ‘continuous contempt’; no explanation, much less valid explanation, was forthcoming, he argued. Senior counsel also pointed out that the 2021 order of the High Court was challenged before the apex court and therefore the theory of merger would apply.

According to this, the order of the High Court had merged with the order of the Supreme Court and therefore the petitioner ought to ventilate his grievance before the Supreme Court and not the High Court. Senior counsel also pointed out that the party in person could not be permitted to annually approach the court at the last minute. The strategy of brinkmanship was becoming a practice and should not be encouraged, Ravichander said.

The panel repeatedly questioned the petitioner on the multiple applications that he had filed, and for details. Justice Vinod Kumar pointedly asked the petitioner as to what action he had taken consequent upon the earlier directions of the High Court and why he was silent for over two to three years.

Justice Anil Kumar Jukanti wanted the petitioner to point out from his pleadings, facts and figures to substantiate the allegations of pollution caused by the immersion of PoP idols in the Hussainsagar. Rejecting the application, the panel, speaking through Justice Vinod Kumar, referred to an earlier order of the High Court which recorded its satisfaction of compliance of its multiple directions. Since this had been recorded, the petitioner could not claim continuing breach, seeking revival of contempt.

The panel observed that the case was brought up after three years from closure of contempt case and disposed of accordingly.