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When Highest Court of The Country Has Passed an Order, Collector Cannot Await Permission to Implement it: Supreme Court

By - King Stubb & Kasiva on February 23, 2023

The Hon’ble Supreme Court, in its order dated 6th February 2023 noted that when the highest court of the country, the Supreme Court has passed an order[1], there is no occasion for the collector to seek permission for the implementation of the orders passed by the court. Through this order, the Hon’ble Supreme Court has taken critical note of the notorious practices of public authorities which are adopted as a delaying mechanism for implementing the directions given by the Hon’ble Courts.

The bench of Justices Vikram Nath and BR Gavaiobserved in their order that there exists no need for the public officials to take sanctions from their senior officials to execute the orders of the court. The court had ordered the District Collector, District Junagarh, which he did not comply with, citing the reason that he was awaiting permission from his superior officials. In light of this incident, the apex court issued a show cause notice to the collector, as to why he should not be held in contempt of the court and ordered him to be present in the court on the next date of hearing in case the order is implemented, he may not appear in person.

The court, through this judgment, has also impliedly reaffirmed the stance of Article 141 which states that the law declared by the Supreme Court will be binding on all courts within the territory of India and also paved way for avoiding the delay of guidelines or orders passed by the apex court of the country. Moreover, the court has also laid down a precedent that the officers who adopt dilatory tactics while implementing the orders of the court will be liable for contempt proceedings.


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