Nandadhar Kalita vs. Harmeet Singh, Ips
Held
The Court held that the respondents have duly complied with the order passed on 07.11.2022 in WP(C)No.2200/2022. The reasoning was based on the submission of documents by the respondents, specifically the instruction dated 11.09.2025 from the Deputy Commissioner of Police (A), Guwahati, which indicated that steps had been taken for the release of the amounts of Rs.4,45,400/- and Rs.4,28,000/-. The Court acknowledged that the payment could not be made to the petitioner solely due to "certain GST issues and non-compliant vendor status of the petitioner." The ratio decidendi is that if a party takes demonstrable steps towards compliance and the delay is attributable to statutory/regulatory issues beyond their direct control, and not due to wilful defiance, the contempt proceedings can be dropped. The operative direction was to drop the contempt proceedings, with the petitioner being at liberty to address the GST regulations and then intimate the respondent authorities, who would then release the payment as per the communication dated 11.09.2025.
Facts
The petitioner, Nandadhar Kalita, filed a contempt petition (Cont.Cas(C)/395/2025) before the Gauhati High Court against the Director General of Police, Assam, alleging non-compliance with a previous court order dated 07.11.2022 in WP(C)No.2200/2022. The respondents, represented by Mr. G Bokolial, submitted instructions dated 11.09.2025 from the Deputy Commissioner of Police (A), Guwahati, indicating steps taken to release amounts of Rs.4,45,400/- and Rs.4,28,000/- to the petitioner. However, payment was withheld due to GST issues and the petitioner's non-compliant vendor status.
Key Issues
1. Whether the respondents have complied with the order of this Court dated 07.11.2022 in WP(C)No.2200/2022, considering the GST issues and the petitioner's vendor status? The petitioner contended that the respondents have failed to comply with the previous order. The respondents argued that steps have been taken for release of payments, but these were hindered by GST-related issues and the petitioner's status as a non-compliant vendor. They submitted instructions from the Deputy Commissioner of Police (A), Guwahati, detailing these steps and the reasons for the delay. The Court had to determine if these explanations constituted due compliance or if further action was warranted.
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Cause title — parties, addresses and appearances
ORDER 15.09.2025 Mr. G Bokolial, the learned counsel appearing on behalf of the respondents has placed before this Court the instruction dated 11.09.2025 issued by the Deputy Commissioner of Police (A), Guwahati as well as the fixation of ceiling in Page No.# 2/2 respect to the amounts of Rs.4,45,400/- and Rs.4,28,000/-, the same are kept on record and marked with the letters ‘X’ and ‘Y’ respectively.
From a perusal of the said documents, it appears that the respondents have duly
The judgment continues below.
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