Supreme court stays non-bailable warrant against NOIDA CEO On May 13, 2022, Supreme court issued an order in a plea titled-RITU MAHESHWARI vs MANOHAR KUCHHAL & ORS. which was filled by Chief Executive officer of New Okhla Industrial Development Authority (NOIDA) Ritu Maheshwari IAS who was challenging order of the Allahabad High court issuing non-bailable warrant against her after she didn’t appear in the contempt case. On Wednesday, Justice Krishna Murari recuses from hearing the plea filled by Ritu Maheshwari. Supreme Court had refused to grant urgent relief with the observation that IAS officer disobeying court orders ought to ‘face the music if they don’t comply with court orders. CJI said to CEO- ‘You are an IAS officer, you know the rules. Every day we see there is breach of orders from Allahabad High court, every day one or more officer come and seeks permission what is this way? you don’t respect order of the court you’ll have to face the music.’ After this the bench led by NV Ramana had stayed the non bailable warrant after an urgent listing of the case was sought by advocate Mukul Rohtagi. The Allahabad High courts had ordered the police to arrest and bring her to the court on 13th May. Chief Justice of India directed that its earlier order of staying the non-bailable warrants issued against her will be continued until further orders of the court and for counter affidavit and hearing schedule time in July. The contempt case before the Allahabad high court is in regard to non-compliance of high court’s order by the Noida authorities who were directed to compensate the petitions in relation to a land acquisition dispute. The bench expresses his concern regarding the way the case has been considered and handled by the court. The counsel appearing for the petitioner Maheshwari, on Tuesday, informed the bench led by CJI that- the petitioner had reached the high court but got late and her lawyer had requested a pass over on her behalf. CJI said ‘This is not the Way’ by raising eyebrows at the High court issuing such warrant merely for the reason of her being late in reaching court. Directing the senior advocate Vikas Singh appearing for the petitioner, CJI propounded- ‘The way in which the court has... how many cases are you appearing for in court. Assume you are appearing in a matter and your junior would say my senior is coming, that is not the way’. Advocate Vikas Singh submitted before the court that the agenda before the High court has now changed and the same judge is not hearing the matter. Further, Mr. Singh propounded that- ‘Let her appear before the court for hearing otherwise contempt jurisdiction would close for all times to come’. The bench in response said that ‘-let us hear the matter and pass the order’. CJI also remarked addressing the counsel representing CEO, NOIDA that- ‘This has become a routine, It is appearing in several cases we have seen it that you acquire land, and don’t pay compensation and they’ve to move around courts. You don’t want to follow the orders after reaching supreme court also?, Better advice your client to comply with the orders’. The counsel of Maheshwari stated that they have put it on record the order has been complied with and possession of land and compensation has been offered.
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