Himachal Pradesh High Court
M/S Indian Oil Corporation Ltd vs State Of H.P. & Others on 17 July, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMP No.5441 of 2023 in CWP No.2026 of 2023 Reserved on : 22nd May, 2023 .
Date of Decision : 17th July, 2023 M/s Indian Oil Corporation Ltd. ......Applicant Versus State of H.P. & Others ......Respondents Coram:
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1 No. For the petitioner : Mr. Sharwan Dogra, Senior Advocate with Mr. Bharat Thakur & Mr. Tejasvi Dogra, Advocates.
For the respondents : Mr. Anup Rattan, Advocate General with Mr. Ramakant Sharma, Mr. Navlesh Verma & Ms. Sharmila Patial, Additional Advocates General, Ms. Priyanka Chauhan, Deputy Advocate General for the respondentsState.
Mr. Ashok Sharma, Senior Advocate with Mr. Vikas Rathore, Advocate, for respondent No.6.
Virender Singh, Judge Brief facts, leading to the filing of the present application, before this Court, may be summed up, as under: 1 Whether reporters of Local Papers may be allowed to see the judgment?::: Downloaded on - 17/07/2023 21:00:36 :::CIS 2
1.1. Petitioner, M/s Indian Oil Corporation Limited, had filed Civil Writ Petition No.2026 of 2023, under Article 226 of the .
Constitution of India for grant of following substantive reliefs: "i. That the respondent No. 6 may be directed to vacate the premises of bottling plant of petitioner corporation at Una taking out its trucks from such premises and further restrain it to not cause any hindrance or obstruction either by itself or through its agents to ingress and egress of the trucks of new transporting contractors w.e.f. 01.05.2023;
ii. That respondent No. 6 may be restrained from causing any obstruction or hindrance in the movements of the trucks of new transporting contractors enroute their destinations or coming back to the bottling plant;
iii. That the respondents No. 3 to 5 may be directed to ensure maintenance of law and order in and around the bottling plant of the petitioner corporation at Una and take all such actions as are contemplated under law including permissible actions under the Essential Commodities Act against the offenders causing obstruction in free movement of trucks of newly selected transporting contractors w.e.f. 01.05.2023;
iv. That respondent No. 6 may be directed to refund difference between the rate at which it has charged the transportation rates from the petitioner corporation ::: Downloaded on - 17/07/2023 21:00:36 :::CIS 3 w.e.f. 01.11.2022 till 30.04.2023 and the rates as finalized in the new tender process effective from .
01.11.2022 onwards;
v. That respondent No. 6 may be directed to pay compensation to the petitioner corporation for causing avoidable inconvenience in public functioning and making uninterrupted supply of the essential commodity"
1.2.
After securing the presence of all the parties, this writ petition, was disposed of vide order dated 27.4.2023, by granting the following relief to the petitioner: "5. The writ petition is disposed of in the aforesaid terms. However, it is made clear that the engagements of trucks shall be strictly in conformity with the Motor Vehicles Act and Rules framed thereunder. It is further made clear that the 6th respondent shall not cause any hindrance or obstruction either by itself or through its representatives to the ingress and egress of the trucks of new transporting Contractors w.e.f. 01.05.2023 and shall hand over the peaceful and vacant possession of the empty cylinders."
2. Thereafter, on 11.5.2023, the present application has been filed by the applicantpetitioner with a prayer to direct the respondents to faithfully obey the orders dated 27.4.2023, passed in ::: Downloaded on - 17/07/2023 21:00:36 :::CIS 4 CWP No.2026 of 2023. In addition to this, a prayer has been made to initiate the contempt of Court proceedings against the respondents, if .
this Court deems it proper, in the interest of justice.
3. The application has been filed on the ground that the Civil Writ Petition No.2026 of 2023 was disposed of by granting the relief as mentioned above. Highlighting the fact that in para 3 of the order, respondent No.6, was directed to ensure that the needful be done on 30.4.2023 or else, the Court would be constrained to take coercive action against respondent No.6, which may include or not restrict to the initiation of contempt proceedings against the office bearers of the 6th respondent.
4. According to the applicant, as per the order dated 27.4.2023, respondent No.6 was to hand over the work of transportation to newly selected contractors w.e.f. 01.05.2023. It is further case of the applicant that it was obligatory for the official respondents to take all such actions contemplated under law so that the orders passed by this Court are implemented effectively.
5. Highlighting the fact that despite the directions issued by this Court to respondent No.6, obstructions have been created by respondent No.6 and its members in free movement of trucks into and from the bottling plant of the applicant.
::: Downloaded on - 17/07/2023 21:00:36 :::CIS 56. In para 7 of the application, the applicant has given the brief details of the events, which had taken place from 01.05.2023.
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According to the applicant, the detail of events demonstrates patent and willful disobedience shown by respondent No.6, as well as, by other respondents to the orders passed by this Court on 27.4.2023.
The averments of the said para are reproduced as under:
i) The order, passed by this Hon'ble Court, dated 27.4.2023, was given to respondent No.3, on 29.4.2023.
ii) On 30.4.2023, respondent No.3 writes to Superintendent of Police, respondent No. 4, to do the needful.
iii) On 29/30.4.2023, respondent No. 6 started handing over empty cylinders to the bottling plant. Only 2022 trucks of empty cylinders remained, which were also returned by 03.05.2023.
iv) Since, applicant/petitioner had already physically verified about 70 trucks of new contractors in November/December, 2022, the immediate supplies, could be started with new contractors w.e.f. 1.5.2023.
v) On 1.5.2023, at 6:30 a.m., 2 trucks Shubham Indane and Chadiar Gas were enroute to the bottling plant (from Mehatpur side), but the same were stopped at a distance of 300 mtrs., outside the gate by 1015 protesters, belonging to respondent No.6Society. A ::: Downloaded on - 17/07/2023 21:00:36 :::CIS 6 video clip of this incident is available with one of the staff of the truck. The said trucks were forced to go .
back and were parked near PunjabHP Border.
vi) On 01.05.2023 at 7:35 a.m., 3 more trucks belonging to Ashoka Filling Station complained to DC/SP on email that their Drivers were being threatened and not allowed to enter the plant. Such threats were given by going to the residences of Drivers. The effect was that 01.05.2023.
r to till 12 noon no vehicle could enter the plant on
vii) On 01.05.2023, about 10:30 a.m., SDM/ASP/SHO Mehatpur, came on the spot and were witness to the activities of the protesters and it was in their presence that 4 trucks belonging to respondent No.6Union were parked outside the gate, in such a manner, so as to block the ingress and egress, to the bottling plant. Even the emergency gate of the plant was also blocked.
viii) On 1.5.2023, around 12 noon, Union president of respondent No.6 Avinash Menon and about 50 persons sat on Dharna at the gate of the bottling plant of applicant/petitioner. CCTV footage is available on the gate camera of the plant. The protest/dharna continued till 4 PM.
ix) On 1.5.2023 the Superintendent of Police Una, respondent No. 4, reached the spot at 12:15 PM.
::: Downloaded on - 17/07/2023 21:00:36 :::CIS 7x) On 1.5.2023 around 2:30 PM there was some scuffle between press persons who had gathered at the gate .
and the protesters. The Police forcibly removed the protesters from the site around 4 PM.
xi) On 1.5.2023 at about 4:30 PM police escorted 21 trucks belonging to new contractor (s) inside the plant. 14 trucks were loaded during the night for dispatching them to different destinations next day.
(xii) On 2.5.2023 at 7:30 AM, 9 loaded trucks came out of the plant. 6 loaded trucks were escorted by police for different destinations and the same reached safely.
However, the remaining 3 trucks belonging to Dashmesh Indane, which were taken to Sarvotam Filling Station for filling Diesel were surrounded by the protesters and Drivers of such trucks were threatened and were forced to leave such trucks at the Filling Station. These trucks filled with LPG cylinders were brought back to the plant premises after 23 days.
xiii) On 2.5.2023 at 11:16 AM email was sent by Dashmesh Indane to applicant/petitioner. Mr. Samresh Kumar, DGM plant, informed SHO Mehatpur at 12:19 PM, followed by a written letter but the officials at Police Station Mehatpur refused to receive the same. Email was sent to SHO Mehatpur with CC to SP Una in this regard.
::: Downloaded on - 17/07/2023 21:00:36 :::CIS 8xiv) On 3.5.2023, 3 trucks of Guru Rakha Transporter tried to enter the plant but these trucks were stopped .
near Santokhgarh border and Drivers were threatened around 12:30 PM. The SHO Mehatpur and SHO Santokhgarh were informed about this fact and these trucks were compelled to park about 3 kilometers before Toll Naka of Santokhgarh border.
xv) On 3.5.2023 at 4:50 PM, 3 trucks of Nanak Polymer, contractor, were another new stopped and surrounded by the members of respondent No. 6 union around 200 mtrs. away from the plant gate and were forced to withdraw. Intimation in this regard was given on WhatsApp to SHO Mehatpur, but no police assistance was made available.
xvi) On 3.5.2023, at 4:59 PM, 2 trucks of Batura Travel, another contractor, were stopped by members of espondent No. 6 at Sahora village, which is around 5 mtr. Away from plant gate. This matter was also reported on WhatsApp to the police at Police Station Mehatpur, but no police assistance was made available.
xvii) On 4.5.2023, at 1:42 PM, truck driver of Dashmesh Indane intimated that his truck was stopped by occupants of Car No. HP 20G 0662 (white swift dezire). A video clip of the incident was made by truck driver and shared with his owner. At about 5:42 PM, 7 ::: Downloaded on - 17/07/2023 21:00:36 :::CIS 9 trucks (Dashmesh Indane6 and Nanak Polymer1), were stopped by group of 1520 peoples armed with .
swords about 2 klmtr. from the plant on Mehatpur road. Intimation of the incident was given to police on WhatsApp. No police assistance was made available.
However, after about 2 hours the plant DGM had accompanied the local police to locate the trucks but the same were not traceable within jurisdiction of the said police station.
xviii) On 5.5.2023 at 2:29 PM a driver of Dashmesh Indane Transporter was beaten. He had prepared a video clip.
Police was intimated. At 3:46 PM, 1 truck of Gagan Transporter was attacked by 1520 persons. The Mob. No. of the driver became not reachable thereafter.
Police was again intimated. The transporter has intimated that since the threat was to burn the truck and there was no police assistance, therefore, request was made not to compel them to ply their trucks. xix) On 6.5.2023 the president of respondent No. 6 Sh.
Avinash Menon gave a press statement, which is available on YouTube and Facebook, claiming that they will continue with Dharna till the work is given to them. He further threatened that incase work is not given to them, the plant may be shifted outside Una/Himachal.
xx) On 7.5.2023, being Sunday, there was no bottling of gas cylinders.
::: Downloaded on - 17/07/2023 21:00:36 :::CIS 10xxi) On 8.5.2023, 1 truck of Shubham OC Indane, loaded with empty cylinders, enroute bottling plant, was .
stopped near Gulmohar Hotel at 12:36 PM and driver was given beating by 10 15 persons. From 3:30 to 5 PM there was meeting of GM (LPG ops), DGM Plant with SP/ASP/SHO Mehatpur and new Transporters. Written complaint by Shubhan Indane was given to SP about beating to his driver.
xxii) On 9.5.2023, 3 trucks of Apar Kripa Transport was stopped on way to plant before entering Himachal border. Wind screen of one truck (PB 65 BD 4102) was broken and stone pelting over the drivers was done. The matter was reported to SHO Mehatpur. The official from PS Mehatpur informed to go to Punjab Police. On that date about 11 trucks were loaded.
xxiii) On 10.5.2023 the police escorted 6 trucks to enter the plant around 12 noon.
xxiv) From 1.5.2023 to 10.5.2023 about 64 trucks were invoiced. In normal course about 50 trucks per day are invoiced and sent to different destinations from the plant.
xxv) To cope up with the need of the consumers, applicant/petitioner is trying to maintain supplies from Jalandhar, Nabha and Baddi bottling plants. Till 9.5.2023 about 194 trucks have been supplied ::: Downloaded on - 17/07/2023 21:00:36 :::CIS 11 from these bottling plants to different destinations which otherwise were fed by Una botting plant.
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xxvi) There is news item appearing in a section of press on 10.5.2023 claiming that there is scarcity of LPG supply in the area being supplied from Una bottling plant and alleged reason is being given as dispute about rate of transportation per cylinder per kilometer. The news appears to be planted at the instance of respondent No. 6 as the actual reason about the transportation activity from the bottling plant Una is not being reflected fairly by the press.
xxvii) The matter relating to law and order situation has been continuously brought to the notice of DC/DM,DGP and Chief Secretary, Government of Himachal Pradesh. Communications were sent on 28.4.2023, 3.5.2023, 5.5.2023 and 9.5.2023."
7. All these facts have been narrated by the applicant to demonstrate that the orders dated 27.4.2023 have been violated with impunity by respondent No.6 and its members, whereas, leveling the allegations against respondents No.1 to 5, it has further been pleaded that it was obligation of the official respondents to maintain the law and order and to bring offenders to book.
::: Downloaded on - 17/07/2023 21:00:36 :::CIS 128. On all these submissions, a prayer has been made to allow the application, in view of the relief claimed in it.
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9. On 12.5.2023, this Court passed the following orders: " Heard for some time. Based upon material available on record, we are of the considered view that respondent No.6 is guilty of contempt of the orders of the Court. Therefore, issue notice to the President of respondent No.6, Shri Avinash Menon in form 1(i), Contempt of Courts Act.
In addition to that, since respondent No.6 has clearly floated the orders of the court, Registrar Cooperative society is directed to supersede the society forthwith and appoint the administrator. In addition to that, the Director General of Police is directed to deploy additional police force of 50 personnels alongwith Additional S.P namely Shri Sanjeev Bhatia to give effect to the orders passed by this Court.
List on 16.5.2023. In the meanwhile, all the respondents are directed to ensure that the orders passed by this Court on 27.4.2023 read with today's orders are complied with in letter and spirit. Fresh status report be filed by Shri Sanjeev Bhatia on or before the next date of hearing."
::: Downloaded on - 17/07/2023 21:00:36 :::CIS 1310. On 16.5.2023, although, respondent No.6 appeared through his counsel, but, his personal presence was ordered to be .
secured.
11. Respondents No.1 to 5 have filed the status report(s), firstly, on 11.5.2023, disclosing therein that the dispute between the management of Indian Oil Corporation Ltd., Gas Bottling, Raipur Sahoran, District Una with the New Himachal Heavy Medium & light goods truck Cooperative Transport Society Ltd., Mehatpur (respondent No.6) has been ongoing since 2018 and criminal cases regarding the disputes have been registered in Police Station, Sadar and Mehatpur. When, the intimation was received from the Office of District Magistrate Una, a letter dated 30.4.2023, was forwarded to the SHO Police Station, Mehatpur with a direction to comply with the order dated 27.04.2023 passed by the Hon'ble High Court of Himachal Pradesh in CWP 2026 of 2023.
11.1. On 01.05.2023, in the early hours of the morning, the forces were deployed in IOCL Plant, Raipur Sahoran. Apart from this, the details of the steps taken by the police to ensure the implementation of the order passed by this Court, have also been mentioned in the status report, which is reproduced as under: ::: Downloaded on - 17/07/2023 21:00:36 :::CIS 14 "4. That, on 01.05.2023, Sh. Samresh Kumar, DGM of IOCL, Raipur Sahoran, Distt. Una (H.P.), informed .
in Control Room Una, that some persons have stopped their trucks near the Raipur Sahoran railway track.
5. That, on this information, a Police team led by Inspector Manoj Kumar, SHO Police Station Mehatpur reached the spot and found that drivers/owners of the local truck union have illegally blocked entry/exit point i.e main gate of the IOCL bottling plant and the members of the truck union were agitating there. On inquiry, the representatives of the truck union revealed that the company has allotted the tender to an external firm and has completely ignored the local truck union, so that they will not allow the vehicles of the said firm to enter in the plant.
6. That, the police party tried to resolve the matter and directed/ordered them to comply with the orders of Hon'ble High Court and clear the main gate, failing which lawful action shall be taken against them. The members of union, however, continued their agitation.
7. That, the IOCL authorities also apprised that recently the company had allotted a tender to an external firm, in which, the local truck union did not participate. The company management further alleged that the local truck union now obstructing the authorized ::: Downloaded on - 17/07/2023 21:00:36 :::CIS 15 firms from transporting the gas cylinders by way of blocking the road and not allowing the vehicles to .
enter in the plant. Further, DGM, IOCL informed that some vehicles have been detained by agitators near Pandoga.
8. That, on this, the safe passage was provided to the trucks by Police authority and trucks were brought to the IOCL plant from Pandoga. When the convoy reached the main gate of the plant, the union representatives/agitators closed the main gate of the plant and parked their 04 Trucks in front of the gate.
The police officers and local administration continuously tried to control the situation and urged the protesters to close their protest. On the complaint made by the DGM IOCL bottling plant, a case FIR No.42/23 dated 01/05/2023 u/s 341, 143, 188, 506 IPC was registered against the agitators and a case FIR No.43/23 dated 01/05/2023 u/s 341, 323, 147, 148, 506 IPC was also registered against the protesters upon the complaint of media person (Copy of FIRs are annexed as Annexure R1 & R2).
9. That, the Superintendent of Police, Una, District Una along with other officers also visited the spot and after assessing the situation, due directions were given to the agitators to disperse immediately. Keeping in view of the gravity of the matter, the crowd was dispersed ::: Downloaded on - 17/07/2023 21:00:36 :::CIS 16 by the police party and as a preventive measure, 15 agitators were arrested and bound down u/s 107/151 .
Cr.PC (Copy of Kalandra is annexed as Annexure R
3). The overall situation in the area is currently under control and sharp vigil is continuously being kept (Report of SHO of PS Mehatpur is annexed as Annexure R4).
10. That, on 04.05.2023, vide this office letter No.17991, a letter was also sent to the Deputy General Manager, IOCL Bottling Paint Raipur Sahoran, District Una regarding the safety and security of IOCL Pant. (Copy annexed as Annexure R5).
11. That, on 8.05.2023, a meeting in this regard was also held by Superintendent of police with the IOCL management and authorized gas distributors/ transporters. The Additional Superintendent of Police, Una and SHO Police Station, Mehatpur also attended this meeting. The points, which were discussed in the meeting in detail, the copy of the same is also annexed as Annexure R6.
12. That, till date, three reserves including one QRT comprising of 72 police officials have been deployed round the clock for safety and security of plant. Also, 02 police escorts equipped with 02 vehicles have been deployed for the safe passage, i.e., entry and exit of trucks round the clock. Till date, no incident has been ::: Downloaded on - 17/07/2023 21:00:36 :::CIS 17 reported and overall law and order situation in the area is peaceful and under control. However, if any, .
breach of law and order occurs, strict action will be taken as per law."
12. In the status report filed on 16.5.2023, by respondents No.1 to 5, a stand has been taken that sincere efforts have been made to get the order of this Court implemented by requesting the Director General of Police on 13.5.2023, to deploy additional force of 50 personnel along with Sh. Sanjeev Kumar Bhatia, Additional Superintendent of Police, Una.
13. It is the further stand of respondents No. 1 to 5 that, at present, 56 police personnel under the supervision of Sh. Sanjeev Kumar Bhatia, Additional Superintendent of Police, Una, and SHO Police Station, Mehatpur, have been deployed for maintaining law and order. Sh. Sanjeev Kumar, Additional Superintendent of Police, Una, had a virtual meeting on 13.05.2023, in the office of DGM, IOCL Plant and attended by new transporters, GM IOCL Chandigarh & other owners of gas agencies.
14. Similarly, the factual position with regard to holding of the meeting on 08.05.2023, under the chairmanship of respondent No.4 has also been mentioned in the status report. In the said ::: Downloaded on - 17/07/2023 21:00:36 :::CIS 18 meeting, directions were issued to Additional Superintendent of Police and respondent No. 5 and the details of trucks, i.e. registration .
numbers and mobile numbers of truck drivers were requested from DGM, IOCL bottling plant, to ensure the movement of trucks in an escorted convoy to and fro the boundary of District Una. However, according to them, the said details are still awaited.
15. Apart from this, a request has also been made to DGM, IOCL bottling plant to have the deployment of the police personnel on PSOD mode.
16. Vide status report dated 21.5.2023, it has been submitted that total 104 police personnel under the supervision of Sanjeev Kumar Bhatia, Additional Superintendent of Police, Una, and Station House Officer, Mehatpur have been deployed for maintaining law and order at IOCL Bottling plant, Raipur Sahoran, District Una.
17. Petitioner has also filed an affidavit, in support of the factual position as mentioned in the application. In the affidavit, the following additional facts have also been mentioned :
11. 14.05.2023 Total 05 no. of empty Trucks reported at Plant in Police escort and same were loaded with available filled stock and escorted by Police to their destination.
12. 15.05.2023 06 nos. of Empty cylinder Trucks escorted by Police to Plant and 12 no. of Filled cylinder Trucks escorted from Plant to different ::: Downloaded on - 17/07/2023 21:00:36 :::CIS 19 Distributorships.
13. 16.05.2023 07 nos. of Empty cylinder Trucks escorted by Police to Plant and 13 no. of Filled cylinder Trucks escorted from Plant to different .
Distributorships.
14. 17.05.2023 13 nos. of Empty cylinder Trucks escorted by Police to Plant and 18 no. of Filled cylinder Trucks escorted from Plant to different Distributorships.
15. 18.05.2023 09 nos. of Empty cylinder Trucks escorted by Police to Plant and 15 no. of Filled cylinder Trucks escorted from Plant to different Distributorships.
16. 19.05.2023 15 nos. of Empty cylinder Trucks escorted by Police to Plant and 13 no. of Filled cylinder Trucks escorted from Plant to different Distributorships.
17. 20.05.2023 till 14 nos. of Empty cylinder Trucks Descorted by 1700 hours Police to Plant and 15 no. of Filled cylinder Trucks escorted from Plant to different Distributorships.
Tentative Police availability on the day by local administration at Plant and Convoy is, as under:-
1) Armed guards-6 (lady-4, man-2)-
2)Police without arm/lathi-17 (lady constable-4, Male constable -13) in 3 shifts
3) on convoy vehicle-8 (lady constable -3, Male constable- 5) in shifts No untoward incidence has taken place on mentioned date.
18. Respondent No.6 has filed his separate reply by making the preliminary submissions, in which, the allegations have been levelled against the applicant that the applicant has tried to mislead this Court by twisting and concealing the material facts. It is his further case that the applicant has concealed the facts from this ::: Downloaded on - 17/07/2023 21:00:36 :::CIS 20 Court. Elaborating the stand, it has been pleaded that respondent No.6, has started handing over the empty cylinders to the applicant in .
the bottling plants from 27.4.2023, as it has repeatedly been requested to the applicant to unload their trucks, so that they could comply with the orders passed by this Court. In this regard, a representation was made on 28.4.2023 and second representation was made on 1.5.2023, but those empty cylinders were not unloaded.
19. It is the further case of respondent No.6 that atleast 19 vehicles were stated to be parked inside the premises upto 01.05.2023, which were not unloaded, despite the repeated requests made by respondent No.6.
20. In nut shell, it is the case of respondent No.6 that to hide the inability of the applicant to supply the gas cylinders in the State of Himachal Pradesh, false allegations have been levelled against respondent No.6.
20. Apart from this, the factual position with regard to taking 3 trucks belonging to Dashmesh Indane to Sarvotam Filling Station, for filling Diesel, and were surrounded by the protesters, has been denied by mentioning the fact that these trucks were neither stopped by any of the protesters nor were the drivers threatened. In fact, the drivers were not having the money to make payment of the diesel.
::: Downloaded on - 17/07/2023 21:00:36 :::CIS 2121. In this regard, respondent No.6 has relied upon the documents Annexure A6/4. While replying to the factual position, as .
asserted in ParaVIII of the application, it has been admitted that when their trucks were not unloaded by the officials of the applicant, then, in order to secure the release of those trucks, from the premises of the applicant, members of respondent No.6, sat on a peaceful 'Dharna' along with other persons.
denied by respondent No.6.
r to Other allegations have been
22. In this case, the orders were passed in favour of the applicant in the presence of respondent No.6. Once the orders have been passed, then respondent No.6 is duty bound to comply with those orders in letter and spirit.
23. Hon'ble Apex Court in Commissioner, Karnataka Housing Board Vs. C. Muddaiah, (2007) 7 Supreme Court Cases, 689 has held as under: "31. We are of the considered opinion that once a direction is issued by a competent Court, it has to be obeyed and implemented without any reservation. If an order passed by a Court of Law is not complied with or is ignored, there will be an end of Rule of Law. If a party against whom such order is made has grievance, the only remedy available to him is to challenge the order by taking appropriate proceedings known to law. But it cannot be made ineffective by not ::: Downloaded on - 17/07/2023 21:00:36 :::CIS 22 complying with the directions on a specious plea that no such directions could have been issued by the Court. In our judgment, upholding of such argument .
would result in chaos and confusion and would seriously affect and impair administration of justice. The argument of the Board, therefore, has no force and must be rejected."
24. In the present case, status report has been filed by respondents No.1 to 5, on various dates. In the status report, filed on 21.5.2023, it has specifically been mentioned that on 1.5.2023, around 6.30 a.m., two trucks belonging to New Transporters were on the way to Una and those trucks were intercepted by the unknown persons enroute to Plant MehatpurRaipurSahoran road at about 300 meters from the plant. When the drivers of the trucks were threatened by the persons, who blocked the road by parking their trucks in the middle of the road, they returned back.
25. In addition to this, it has also been mentioned in the status report that at about 12.00 noon, respondent No.6 Avinash Menon and his associates staged a 'Dharna' in front of the main entry of the plant. It is also been mentioned in the status report that plant entry was blocked by parking empty cylinders trucks by the outgoing transporter, so the new trucks could not report to plant. The said 'Dharna' was removed by the police at 4.00 p.m., on that day.
::: Downloaded on - 17/07/2023 21:00:36 :::CIS 2326. The stand of respondents No.1 to 5, totally falsifies the stand, as taken by respondent No.6, in the reply, in which he has .
made a futile attempt to demonstrate that he, along with members of the Union, sat on a peaceful 'Dharna', so their trucks could not be unloaded.
27. As per the stand taken by respondents No.1 to 5, through r to Superintendent of Police, Una, the proceedings under Section 107/151 Cr.P.C., were initiated against the protesters, including respondent No.6 on 1.5.2023, when as per the status report, the police find unauthorized picketing done by respondent No.6 and his associates.
28. It is not the case of respondent No.6 that the action under Section 107/151 Cr.PC, taken against them, was wrong. Even, in this regard, the police has also registered FIR No.42/23, dated 1.5.2023, mentioning therein that the truck drivers were threatened not to go to the Plant and returned back.
29. Similarly, when the scuffle took place between the protesters, including respondent No.6, with the press correspondents, then they had also lodged the FIR against them, on the same day.
The stand of respondent No.6, regarding his alleged peaceful demonstration, is falsified, from the contents of the above document.
::: Downloaded on - 17/07/2023 21:00:36 :::CIS 2430. Considering the stand of respondents No.1 to 5, as well as, the plea taken by respondent No.6, at this stage, a prima facie case, is .
made out against respondent No.6, regarding violation of the order passed by this Court with impunity. The order has been passed against respondent No.6, in his presence and if he was aggrieved by the orders or any act of the petitioner, he was at liberty, to take/avail r to appropriate remedy, available to him, by approaching this Court or to the higher Court for modification of the orders. But, he has no right to violate the orders/directions, passed by this Court.
31. No doubt, Right to demonstrate is the Fundamental Right, but, blocking the entry gate of the premises of the applicantcompany, does not fall within the purview of peaceful demonstration. Despite the orders passed by this Court in the presence of respondent No.6, his act is nothing, but to violate the order to demonstrate the might of mobocracy. The mobocracy is antitheses to the Rule of Law.
32. Once, the order has been passed by the Court, then all the respondents were duty bound to implement it in letter and spirit. At this stage, this Court shall refrain itself from commenting upon the manner, in which the orders have been complied with by respondents No.1 to 5, but from the act, complaint, as well as, the stand taken by ::: Downloaded on - 17/07/2023 21:00:36 :::CIS 25 respondents, this Court is of the prima facie view that respondent No.6 has violated the orders, by creating obstruction in the free flow of .
the movement of the trucks, as engaged by the applicantCompany.
As such, respondent No.6 is liable to be dealt with, as per the provisions of Contempt of Courts Act.
33. Consequently, let charges, under the provisions of Contempt of Courts Act, be framed against President of respondent No.6, Shri Avinash Menon. For that purpose, he is directed to remain present in person, before this Court on 7.8.2023.
(Tarlok Singh Chauhan)
Judge
(Virender Singh)
July 17, 2023 (ps) Judge
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