Atul Kumar Rai vs M/S Koshika Telecom Limited & Ors. on 17 April, 2012
The repentence on the part of the contemnor and tendering of
unqualified apology should be permitted to help him escape
from rigorous punishment. The courts cannot be unduly
touchy on the issue of contempt where orders have not been
implemented forthwith especially when the effect of those
very orders is effaced by pronouncements from appellate
courts. We hasten to add that this is not meant to be a licence
for violation of an order till it subsists. It is in this context that
it was observed by a Constitution Bench of the Supreme Court
in Shri Baradakanta Mishra v. The Registrar of Orissa HC and
Anr. and State of Orissa v. Shri Baradakanta Mishra & Anr; AIR
1974 SC 710 that "A heavy hand is wasted severity where a
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Cont.Appeal (C) Nos.6/2012, 08/2012 & 09/2012 Page 3 of 33
lighter sentence may serve as well." In the same judgment, it
was observed as under: