Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentence/Sentencing – Sentencing for contempt |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Suo Moto Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Sentence/Sentencing – Sentencing for contempt – Contemnor (PK) married ‘S’ (Indian citizen) – Initially they had stayed in Kenya but on returning to India their son was born – Son and ‘S’ stayed in India – A guardianship petition was filed by the contemnor before the District Court for declaration and legal guardianship of his son – Petition was allowed by the order of the Court – ‘S’ challenged the said order before the High Court – High Court affirmed the order of District Court – ‘S’ Challenged the decision of the High Court before Supreme Court – The Supreme Court affirmed the finding of the High Court and custody of son was given to contemnor – ‘S’ filed M.A complaining of total and absolute disobedience of Supreme Court’s orders – The Supreme Court passed the judgment and recalled its earlier orders and convicted the contemnor for civil and criminal contempt of Supreme Court – The instant proceeding is for imposition of sentence – Held: Facts of the case demonstrate that the contemnor had deliberately and with clear intention had committed act of contempt – Willful disobedience of the judgment, direction and order of Court coupled with willful breach of the undertaking given by the Court constitute civil contempt – Further, the act of contemnor lowers the authority of Court – The contemnor has interfered with the due course of judicial proceedings and obstructed the administration of justice which constitutes criminal contempt – Contemnor directed to be punished with simple imprisonment for a term of six months for civil contempt of Court for his acts of deliberate and willful disobedience of the orders passed by Supreme Court and to pay a fine of Rs. 12,50,000/- (Twelve Lakhs Fifty Thousand), in default he shall further undergo simple imprisonment for one month; b) Punished with simple imprisonment for a term of six months for criminal contempt of Court for obstructing the administration of Justice and lowering the authority of Supreme Court and to pay a fine of Rs. 12,50,000/- (Twelve Lakhs Fifty Thousand), in default he shall further undergo simple imprisonment for one month – Sentences to be served consecutively – Constitution of India – Art.129. |
Judge | Hon'ble Mr. Justice Pamidighantam Sri Narasimha |
Neutral Citation | 2022 INSC 1161 |
Petitioner | In Re: Perry Kansagra |
Respondent | In Re: Perry Kansagra |
SCR | [2022] 8 S.C.R. 671 |
Judgement Date | 2022-11-03 |
Case Number | 3 |
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