IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 Con.Case(C).No. 62 of 2009(S) ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.5255/2007 Dated 22/01/2008 .................... PETITIONER(S): --------------- BAISIL ATTIPPETTY @ BASIL A.G. S/O.GEORGE, AGE 53 YEARS, ATTIPPETY HOUSE NAYARAMBALAM, COCHIN 682 509. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENT(S): --------------- SRI.P.J.THOMAS, CHIEF SECRETARY, GOVERNMENT OF KERALA THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - C.O.C.No. 62 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of January, 2009 JUDGMENT The petitioner, a person activated by nationalist and patriotic sentiments, has filed this contempt of court case with the grievance that the fond expectations expressed by this Court in paragraph 5 of the order dt. 22.1.2008 in B.A. 5255 of 2007 (which the petitioner describes to be directions) have not been complied with and consequently the respondent is guilty of contempt of the lawful directions of this Court. I extract paragraph 5 below: 5. Thanks to the efforts of the learned D.G.P. Shri. P.G. Thambi and responsible responses of the Government, Annex.R1(b), G.O.(P) No.16/08/GAD dt.16.1.2008, has now been issued, which clearly states the expectations of the Government as to how such days are to be celebrated. National days, I do hope, shall hereafter be occasions for serious observance and celebration in the government offices and establishments in the State. C.O.C.No. 62 of 2009 2 Participation must be insisted. It must be a different type of holiday and not merely an idle holiday to sit at home. Even the order that is issued does not insist on participation specifically, but only says that the heads of departments “should ensure participation of the maximum number of staff in the endeavour” with due regard to the provisions of the Flag Code, 2002. I assume that the message will properly reach the target and national days shall hereafter be an occasion for sublime activity and celebration in the offices and establishments of the State. Ext.R1(b) order, it is hoped, shall be observed properly and the indiscretion which has taken place in this case will not hereafter occur in any office of the Government in the State. 2. I appreciate the sentiments of the petitioner. I take note of his submission that no perceivable change had occurred even after the issue of the order dt. 16.1.2008 by the government in the manner in which national days are celebrated in the offices of the government. If that be so, I do not want to conceal my disappointment against that. But it remains that the observations/expressions of hope in paragraph 5 extracted above cannot be reckoned by me as specific directions, C.O.C.No. 62 of 2009 3 non-observance of which attract action in contempt. If the petitioner feels that the needful is not being done to celebrate national days in a befitting manner in the government offices, he must seek his remedy elsewhere and he cannot succeed notwithstanding his laudable motives in filing this application to initiate action for contempt. 3. With the above observations this contempt of court case is dismissed. (R. BASANT) Judge tm