Madras High Court suspends the one-month jail sentence of IAS officer Anshul Mishra in a contempt case over land reconveyance delay. He was directed to deposit Rs 25,000 without affecting his service record.
Chennai: Today, on June 12, the Madras High Court has temporarily suspended the one-month simple imprisonment sentence given to senior IAS officer Anshul Mishra, who was earlier found guilty of contempt of court by a single judge.
A Division Bench of the court, consisting of Justices M.S. Ramesh and V. Lakshminarayanan, passed the order on Thursday while hearing Mr. Mishra’s appeal against the sentence.
The court directed Anshul Mishra to deposit Rs 25,000 with the Registrar (Judicial) of the High Court within three weeks. This deposit has to be made without affecting or prejudicing his clean service records.
The appeal was filed by Mr. Mishra after a single judge of the High Court had found him guilty of contempt in a case involving two elderly siblings, R. Lalithambal and K.S. Viswanathan.
The judge had earlier suspended the sentence for one month to allow Mr. Mishra time to challenge it in appeal. The Division Bench has now adjourned the hearing of the appeal to July 21, 2025.
The case originated from a long-standing land dispute between the Tamil Nadu government and the two siblings. In 1983, the government had acquired 17 cents of land belonging to the siblings located near Nesapakkam Road in Chennai.
The stated reason for the acquisition was the construction of Tamil Nadu Housing Board tenements. However, over the years, it became evident that the land was not used for the intended public purpose.
The siblings initiated legal proceedings to reclaim the land through a reconveyance petition.
While the government agreed to return 10.5 cents of the land, it kept the remaining 6.5 cents, claiming that it was needed for widening Nesapakkam Road. This led the petitioners to file a second round of litigation.
On November 22, 2023, Justice P. Velmurugan had directed Anshul Mishra, who was then serving as the Member Secretary of the Chennai Metropolitan Development Authority (CMDA), to consider the siblings’ request and pass appropriate orders within two months. But this order was not followed in time.
Due to the non-compliance, the siblings filed a contempt petition in the court. Following this, the CMDA took action and complied with the court order. However, the delay did not go unnoticed.
Justice Velmurugan, expressing his strong disapproval, said:
“This court notes with concern that such conduct by public authorities is not an isolated incident.”
He further pointed out the delay by the CMDA in implementing the order, stating that officials took nearly two years to act on a matter that should have been resolved much earlier.
As a result, the judge found Mr. Mishra guilty of contempt of court and sentenced him to one-month simple imprisonment.
The Division Bench, after hearing Mr. Mishra’s appeal, decided to temporarily suspend the sentence. The interim order is expected to provide some relief to the IAS officer until the final hearing scheduled for July 21.
The court has also stated that the deposit of Rs 25,000 is to be made
“without prejudice to his clean service records.”
Contempt of Court in India: Legal Actions and Consequences
Types of Contempt:
Under the Contempt of Courts Act, 1971, contempt is classified into two types:
- Civil Contempt: Willful disobedience of any court order, judgment, or direction.
- Criminal Contempt: Acts that scandalize the court, interfere with judicial proceedings, or obstruct justice.
Punishment
Both civil and criminal contempt are punishable with:
- Imprisonment up to 6 months, or
- Fine up to Rs 2,000, or
- Both, depending on the court’s discretion (Section 12 of the Act).
Apology and Relief
The court may drop proceedings if the accused offers a bona fide and unconditional apology. However, apologies submitted just to avoid punishment may not be accepted.
Action Against Professionals
- Advocates may face suspension or disbarment under the Advocates Act, 1961.
- Government officials may face service record penalties, departmental action, or suspension.
Right to Appeal
Any person punished for contempt has a right to appeal to a higher court.
Available Defences
- Truth is a valid defence if made in public interest and good faith (as per 2006 amendment).
- Fair criticism of judicial decisions is allowed, provided it doesn’t obstruct justice.
CASE TITLE:
Anshul Mishra IAS v R Lalithambal and anotherCont A 27 of 2025
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