A FEW days ago, online news portals carried news of a mother of three who lost her kids to an absconding husband.
Earlier in January, the Federal Court affirmed the quashing of the unilateral conversion of 5 children by the Court of Appeal when it refused to grant leave to the Selangor Islamic Religious Council (Mais) to appeal.
In 2018, the Federal Court delivered a landmark ruling in the case of Indira Gandhi Mutho v Perak Islamic Department director & Ors that the consent of both parents of a civil marriage must be obtained before a Certificate of Conversion to Islam can be issued in respect of the child.
A common fact in all these cases was that there was non-compliance of court orders either by parties to the suit or by government agencies.
Article 126 of the federal constitution reads, “The Federal Court, the Court of Appeal or a high court shall have power to punish any contempt of itself”.
Arduousness in executing an order passed by the court, no matter how serious its consequences may be, is no excuse for non-compliance.
It is a well-settled proposition of law, that contempt of court consists of actions calculated to interfere with the due course of justice, non-compliance of the orders and directives of the court, or indulgence in any act that undermines the dignity of the court.
The nucleus of contempt proceedings is the exigency to ensure compliance with judicial orders and directives and to protect the dignity of the court.
The Supreme Court of India in Subrata Roy Sahara v Union of India (2014) observed: “Non-compliance of the orders passed by this court shakes the very foundation of our judicial system and undermines the rule of law, which we are bound to honour and protect. This is essential to maintain the faith and confidence of the people of this country in the judiciary.” (paragraph 3)
It further pronounced that “…disobedience of orders of a court strikes at the very root of the rule of law, on which the judicial system rests. Judicial orders are bound to be obeyed at all costs. However, grave the effect may be, is no answer for non-compliance of a judicial order.” (paragraph 145)
It is about time our courts took stricter actions against this delinquency.
Undisputedly, the courts are the guardians of the constitution and have inherent powers to protect their own dignity.
While the power to punish for contempt is used sparingly and exercised with caution, it is incumbent upon the judiciary not to spare the rod against wilful disobedience of orders or directives regardless of who the transgressor is.
The duty of the courts in upholding the majesty of the law should not be belittled. – The Vibes, February 15, 2022
Kannan Loganathan is an academician specialising in law and communications who has a keen eye on justice
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