Supreme Court withdraws contempt notice to AIIMS Acting Director after apology

The Acting Director of the All India Institute of Medical Sciences (AIIMS) was nearly met with a contempt of court notice from the Supreme Court today, for failing to properly comply with an earlier directive.

The Court had sought a specific explanation from the AIIMS Acting Director in his personal capacity during a previous hearing in a pending DNA paternity test case.

Today, it expressed strong displeasure over the submision of an affidavit that was not filed in the AIIMS Acting Director's personal capacity. The Court observed that this was not the explanation it had called for.

A Bench comprising Justice Ahsanuddin Amanullah and Justice R Mahadevan said it was "shocked" by the manner in which the Court's earlier directions had been ignored despite repeated opportunities.

Addressing Additional Solicitor General Aishwarya Bhati, who appeared for the respondents, the Justice Amanullah said,

"I sought an explanation. But still an affidavit has been filed. Then I passed another order... Again you have written affidavit. What is wrong Ms Bhati? Why so casual. We are shocked."

The Court added that the Acting Director's response reflected a confrontational attitude.

"Another affidavit is filed today and respondent 4 (Acting Director) has taken a stand which is confrontational to the court and seem to have some ego issues. Notice in contempt is issued against him and let the showcause stand now as to why this court should not pass appropriate orders," said Justice Amanullah.

In response, Bhati submitted that the respondents had understood the Court's earlier order to require an affidavit.

The Court, however, rejected the submission, emphasising that its direction had been explicit.

"No understanding and all. Ask him to come here before we rise at 1 PM if not then this order shall stand. The reply should have been an explanation on the behalf of (the AIIMS Acting Director)... What is the affidavit? 'Explain' means you are in the backfoot and you have to explain. Leave ego at home," said Justice Amanullah.

The Court's ire, however, prompted the Acting Director to tender an unconditional apology barely an hour later. Accepting the same, the Court refrained from proceeding with issuing the Acting Director a contempt notice.

"Unconditional apology has been tendered. We accept the same as it is stated he was not there when the affidavit was filed. It is assured that no such further error occurs on the part of authorities of AIIMS in matters related to court," the Court recorded.

The matter concerns a DNA paternity dispute pending before the Supreme Court. On April 16, 2026, the Court had impleaded the Director AIIMS as a respondent and directed him to furnish an explanation regarding compliance with the Court's directions in relation to a DNA test conducted by the institute.

When the matter was heard on May 27, the Court found that instead of the Director submitting the explanation personally, an affidavit had been filed by the Deputy Secretary, AIIMS, who claimed to have been authorised to do so.

The Court observed that it had specifically sought an explanation from the Director and that it was not open to the Director to authorise another officer to respond on his behalf.

Finding that the Court's order had still not been complied with and that another affidavit had been filed instead of the required explanation, the Bench today was inclined to issue a contempt notice to the Acting Director.

However, it stopped short of doing so after the Director apologised and assured that similar lapses will not recur.

Note: An earlier version of this article reported only on the intial issuance of contempt notice by the Court. The article has been updated to reflect that the Court has therefter accepted an apology and refrained from going ahead with issuing the contempt notice.

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