Vicarious liability cannot be applied to a case of contempt: Supreme Court

Vicarious liability cannot be applied to a case of contempt: Supreme Court

Civil contempt means willful disobedience of a decision of the court

The Supreme Court has said that indirect liability, as a principle cannot be applied to a case of contempt. The court is not expected to conduct an inquiry and go beyond the judgment that was allegedly violated.

The apex court's judgment came on an appeal filed against the order of the Guwahati High Court where the appellants were guilty of willful disobedience of the order passed by the court. This was in respect to the levy made while upholding Section 21 of the Assam Agricultural Produce Market Act, 1972.

The bench of Justice S K Kaul and Justice M M Sundresh observed, "There is no material to either establish their knowledge on the action of their subordinates or that they acted in collusion with each other."

The court said that merely because subordinate officials acted in disregard of an order passed by the court, liability could not be fastened on higher officials in the absence of knowledge. There was no material to establish their knowledge on the action of the employees. The appellants did not violate the directives of the court.

It was a deliberate, conscious, and intentional act. What is required is proof beyond reasonable doubt since the proceedings were quasi-criminal in nature, the top court ruled.