Court orders can be questioned only through legal proceedings: Kerala High Court. Shajeeda Tajdeen LANDMARK JUDGMENT Sat, Mar 23, 2019, at ,01:26 PM The Kerala High Court directed a couple who disobeyed its order to compulsory perform community work for 100 hours, as it believed this defiance would pave the way for others from the society to believe that disobeying or challenging the Judicial orders is the only way by which the court would be compelled to review its decision. The court further added that obedience and compliance with the court orders are not at the wish and will of the person to whom the order is directed, nor can such a person question the correctness and authenticity of the same except through legal proceedings. Summary facts of the case: MV Shaji had mortgaged his property in the bank as security against a loan which was availed by A.R. Sajan. The latter defaulted in repayment owing to which the bank initiated a legal proceeding before the Debts Recovery Tribunal which subsequently led to an auction sale of MV Shaji’s property. On the strength of the order of the Tribunal, Advocate Commissioner had arrived at the place, wherein he was obstructed by Mr. Shaji and his wife. Even after acquiring Police Protection order from the High Court, Mr. Shaji along with his wife vehemently opposed the Auction purchaser from undertaking his activities. The couple further with the help of their supporters created a tensed atmosphere which rendered all the attempts of the police officers futile and thus the order of the Tribunal could not be executed. Mr. Shaji then challenged the auction order of the Tribunal in the High Court. When the matter was put up for hearing on 21St February, the bench comprising of Chief Justice Hrishikesh Roy and Justice AK Jayasankaran Nambiar set aside the auction sale on the basis that the act took place after the expiry of three years from the end of the financial year in which the recovery certificate was issued. The Court further pronounced that if the repayment is done before 15th March, the property could be redeemed from the bank. While stating this, the court further went on to clarify its stance that a contempt proceeding would be held separately. In conformance, to the said order Mr. Shaji effected payments to the bank and the matter was settled accordingly. However, while dealing with the contempt proceeding initiated by the auction petitioner, the division bench comprising of Chief Justice Hrishikesh Roy and Justice AK Jayasankaran Nambiar stated that the behaviour of the couple is condemnable and the same is abhorred. The bench stated that the couple is guilty for contempt of court and observed that, ‘We might at the very outset clarify that we are not persuaded in these proceedings to believe that the majesty of this Court has in any way been affected by the actions of the 3rd and 4th respondents in defying the orders of this Court and obstructing the lawful implementation of the same. This court is not a fragile flower that will wither in the heat of such confrontation. We are concerned, however, with the message that would carry to the society at large, if such contumacious conduct of the respondents is left unpunished. The conduct of the respondents should not pave the way for others to believe that defying orders of this court is the only way to get the court to review its decisions. A lawful order can be set aside only by another lawful order passed by a court of competent jurisdiction. Obedience to lawful orders passed by a Court in our country cannot be at the discretion of the person to whom it is directed, nor can such a person question the correctness of such orders except through legal proceedings.’ With regards to the punishment the court ordered the couple to perform 100 hours of community service each at the Palliative Care Unit at General Hospital, Ernakulam as Home Care Assistant to patients. It directed the Medical Superintendent of the hospital to report compliance, in the event of non-compliance the court would have the right of forfeiting the benefits of lenient sentence and would levy stiffer sentence on the couple. This decision of the Kerala High Court clearly states that contempt of court is a serious offence and contemnors will not be allowed to escape easily.