'Far-Fetched' To Hold That Contempt Proceedings Can Be Initiated Against An Authority For Failing To Follow Binding Precedent: Kerala HC

Dismissing a contempt plea, the Kerala High Court observed that it would be too far fetched to hold that contempt of court proceedings can be initiated on the ground that a particular authority failed to follow a binding precedent. Justice Gopinath P. in his order said: “Having heard the learned counsel appearing for the petitioner and the learned Government Pleader, I am of the view that no proceedings can be initiated against the respondent under the provisions of the Contempt of Courts Act on the ground that he refused to follow a precedent, which according to the petitioner decides the matter in favour of the petitioner. While it is true that the law laid down by this Court must be followed by every authority, I am afraid that it is too far-fetched to hold that a Contempt Court proceedings can be initiated under the provisions of the Contempt of Courts Act, 1971 on the ground that a particular authority failed to follow a binding precedent.” The petitioner argued that the refusal of the Sub-Registrar to register documents would amount to the initiation of proceedings under the Contempt of Courts Act. The Court found that contempt proceedings cannot be initiated against the Sub-Registrar under the Contempt of Courts Act for refusing to follow a binding precedent.