Supreme Court Contempt Petition Format for Non-Compliance of Court Orders
A civil contempt petition may be considered when a person knowingly and wilfully disobeys a clear and binding direction of the Supreme Court of India. This guide explains the applicable law, important filing considerations, and a specimen petition based on a Residents Welfare Association dispute concerning a civic amenity area.
Legal provisions governing Supreme Court contempt
Article 129 of the Constitution of India
Article 129 declares the Supreme Court a court of record and gives it power to punish for contempt of itself. This is a constitutional power; statutory provisions and applicable court rules govern important procedural and substantive aspects.
Section 2(b), Contempt of Courts Act, 1971 - Civil contempt
Civil contempt means wilful disobedience of a judgment, decree, direction, order, writ or other process of a court, or wilful breach of an undertaking given to a court. A mere delay, misunderstanding, or genuine impossibility of compliance does not automatically establish wilfulness.
Section 12 - Punishment for contempt
Section 12 deals with punishment for contempt and the statutory treatment of apology, subject to constitutional principles and judicial interpretation. Its purpose is not to turn contempt jurisdiction into an ordinary mechanism for recovering money or obtaining fresh substantive relief.
Section 13 - Substantial interference and truth
Section 13 addresses the threshold for punishment and permits truth as a defence subject to the statutory conditions. The court considers the nature and consequences of the alleged contempt.
Section 20 - Limitation
Section 20 states that no court shall initiate contempt proceedings after one year from the date on which contempt is alleged to have been committed. The application of this provision, including when proceedings are treated as initiated, depends on the facts and binding case law. Obtain prompt advice rather than assuming that repeated reminders restart the period.
Supreme Court contempt procedure
The Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, including Rule 3 dealing with modes of taking cognizance, are relevant. The original specimen invokes Rule 3(c) and Section 12. The correct procedure, case classification, affidavits, service and filing documents should be checked against the currently applicable Supreme Court Rules and Registry practice.
Important: Contempt is not established merely because the applicant is dissatisfied with implementation. The petition must identify the precise operative direction, show knowledge of it, establish compliance with any conditions imposed on the applicant, and set out the evidence of wilful non-compliance.
How to prepare a contempt petition
- Identify the Supreme Court order, date, original appeal or miscellaneous application number, and the exact direction said to have been breached.
- Explain who was bound by the order and how the alleged contemnor knew of it.
- Provide dated evidence of the applicant's own compliance, particularly where the order was conditional.
- Prepare a chronology of communications, acknowledgments, reminders and the period allowed for performance.
- Explain why the failure appears deliberate rather than due to an ambiguity or genuine inability to comply.
- Attach authenticated copies of relevant orders and documents, an affidavit and an appropriate memo of parties; follow Advocate-on-Record and Registry requirements.
Specimen: Contempt Petition in the Supreme Court of India
The following specimen preserves the original example concerning the Bangalore Development Authority (BDA), an applicant condominium or Residents Welfare Association (RWA), and directions for handing over a civic amenity area. Blank particulars and annexure page references must be verified and completed before use.
IN THE SUPREME COURT OF INDIA
INHERENT AND PLENARY JURISDICTION
CONTEMPT PETITION NO. ____ OF 20____
IN MISC. APPLICATION DIARY NO. 19____ OF 20____
IN CIVIL APPEAL NO. ____ OF 20____
IN THE MATTER OF:
__________________ - APPLICANT / PETITIONER
VERSUS
__________________ - RESPONDENT / ALLEGED CONTEMNOR
MEMO OF PARTIES
Applicant / Petitioner: __________________
Respondent / Alleged Contemnor: __________________
PETITION UNDER ARTICLE 129 OF THE CONSTITUTION OF INDIA READ WITH SECTION 12 OF THE CONTEMPT OF COURTS ACT, 1971 AND THE APPLICABLE RULES TO REGULATE PROCEEDINGS FOR CONTEMPT OF THE SUPREME COURT, 1975
To
The Hon'ble Chief Justice of India and His Companion Justices of the Supreme Court of India.
MOST RESPECTFULLY SHOWETH:
IN THE MATTER OF: __________________ APPLICANT VERSUS __________________ RESPONDENT/ ALLEGED CONTEMNOR MEMO OF PARTIES __________________ APPLICANT VERSUS __________________ RESPONDENT/ ALLEGED CONTEMNOR APPLICATION ON BEHALF OF THE APPLICANT U/S 12 OF THE CONTEMPT OF COURTS ACT, 1971 READ WITH RULE 3 (C) OF THE RULES TO REGULATE PROCEEDINGS FOR CONTEMPT OF THE SUPREME COURT, 1975 FOR INITIATING CONTEMPT PROCEEDINGS AGAINST THE ALLEGED CONTEMNOR FOR WILLFUL AND DELIBERATE NON-COMPLIANCE OF THE ORDER DATED _______20_______ READ WITH ORDER DATED _______20_______ OF THIS HON'BLE COURT WITH AFFIDAVIT. TO, THE HON'BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES OF THE HON'BLE SUPREME COURT OF INDIA THE HUMBLE APPLICATION OF THE APPLICANT ABOVE NAMED; MOST RESPECTFULLY SHOWETH: 1. That the instant application seeking initiation of contempt proceedings is being filed under section 12 of the Contempt of Courts Act, 19_______ read with Rule 3 (c) of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 19_______ for initiating contempt proceedings against the alleged contemnor, the Commissioner of the Bangalore Development Authority, for willful and deliberate non-compliance of the order dated _______20_______ read with the order dated _______20_______ passed by this Hon'ble Court. A copy of the order(s) dated _______20_______ and _______20_______ passed by this Hon'ble Court in the M. A. No. 229 of 20_______ and in the M. A. Diary No. 19_______ of 20_______ is annexed and marked as ANNEXURE P-1 (PAGE NO. 8 TO 11).
2. That this Hon'ble Court while disposing of the M. A. No. _______ of 20_______ and the M. A. Diary No. 19_______ of 20_______ passed an order directing the Application condominium association to produce certificate of registration and to undertake the obligation of due maintenance of the civic amenity area of the RWA before the office of the alleged contemnor.
The relevant portion of the order dated _______20_______is extracted and reproduced hereunder:
"2. An affidavit has been filed by the Commissioner of Bangalore Development Authority (BDA) dated 28 March 2022, stating that BDA will hand over the civic amenity area to the local residents' association, as required under Regulation 7.1(2) of the Zoning Regulations subject to (i) the RWA submitting necessary records relating to its registration; and (ii) the RWA undertaking the responsibility of due maintenance of the amenity. 3 The Residents Welfare Association is permitted within a period of two weeks to produce the certificate of registration and to undertake the obligation of due maintenance of the civic amenity area upon its being handed over by BDA to the RWA. Subject to the RWA complying with above two conditions, BDA shall take necessary steps in terms of the affidavit which has been filed before this Court by handing over the civic amenity area within a period of one month thereafter." 3. That the Applicant complied with the directions contained in paragraph 3 of the order dated _______20_______ passed by this Hon'ble Court and submitted the required undertaking, certified true copy of the certificate of registration and certified true copy of the list of members of its executive committee as endorsed by the Registrar of Societies. A copy of the undertaking given by the applicant to the Bangalore Development Authority on 05.05.2022 is annexed and marked as ANNEXURE P-2 (PAGE NO. 12 TO 15).
4. That the office of the alleged contemnor acknowledged receipt of the submissions as indicated in paragraph 3 of the contempt application and issued an acknowledgement slip in favor of the Applicant. A copy of the acknowledgement issued by the Bangalore Development Authority to the Applicant on _______20_______ is annexed and marked as ANNEXURE P-3 (PAGE NO. 16).
5. That it is stated that on _______20_______, the Secretary of the Applicant condominium association, namely _________ along with other representatives of the Applicant association visited the office of the alleged contemnor with the bonafide intentions to enquire as to the developments on the application (dated _______20_______) submitted to the office of the alleged contemnor in terms of order dated _______20_______ passed by this Hon'ble Court.
6. That the representatives of the Applicant condominium association were shocked to know that the office of the Bangalore Development Authority as on _______20_______ had not even taken up the matter for consideration so as to take a decision in terms of orders passed by this Hon'ble Court.
7. Accordingly, the office of the alleged contemnor was apprised of the orders passed by this Hon'ble Court and a positive action required on their part to take a decision in terms of order dated _______20_______ within a period of one month from the date of receipt of the application (that is within one month from _______20_______).To the best of the knowledge of the Applicant, the alleged contemnor has not taken a decision or communicated the same to the Applicant as on date in terms of order dated _______20_______ passed by this Hon'ble Court.
8. That it is submitted that deliberate and willful defiance of the orders passed by this Hon'ble Court by the office of the alleged contemnors must be dealt with sternly given the background of the case wherein the Bangalore Development Authority did not act on the representation(s) of the Applicant condominium associations made in past as well as previous requests made by the developer, DLF for handing over of civic amenity site to the RWA.
9. The inaction of the Bangalore Development Authority forced parties of the M. A. No. _______ of 20_______ and in M. A. Diary No. 19_______ of 20_______ to approach this Hon'ble Court seeking handing over of civic amenity site to the Applicant, the RWA. Despite this Hon'ble Court having passed orders dated _______20_______and _______20_______, the alleged contemnor seems to have deliberately defied said order(s) and did not comply with it within the time stipulated in the order dated _______20_______.
PRAYER It is, therefore, most respectfully prayed before this Hon'ble Court may kindly be pleased to: a) Initiate contempt proceedings against the alleged contemnor for deliberate and willful non-compliance of the order dated _______20_______ read with order dated _______20_______ passed by this Hon'ble Court; and/or b) Pass such other or further order/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice. AND FOR THIS ACT OF KINDNESS THE HUMBLE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
FILED BY ADVOCATE FOR THE APPLICANT
FILED ON: _______20_______
SUPPORTING AFFIDAVIT (ILLUSTRATIVE)
I, __________________, aged ____ years, Secretary / authorised representative of the Applicant Association, having address __________________, solemnly affirm that I am acquainted with the facts of this case, am authorised to swear this affidavit, and that the factual statements in paragraphs ____ to ____ of the accompanying petition are true to my knowledge and records, while the legal submissions are based on advice believed to be correct.
Verified at __________ on __________. DEPONENT
Official legal and filing resources
Consult the India Code portal for the Constitution of India and the Contempt of Courts Act, 1971; the Supreme Court of India for court rules, notices and practice directions; and the Supreme Court e-Filing portal for filing-related information. Verify the latest Registry instructions before relying on any specimen.
This format is an educational drafting reference, not a statement that the allegations in the example have been judicially established. Adapt all pleadings to the certified orders, current rules, facts and legal advice.