Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Courts Act 1971 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Contempt of Courts Act, 1971: Sections 10 and 2(c)-Contempt of subordinate court-Assault on Additional District and Sessions Judge in a pre-planned and calculated manner in his court room and chambers by police officials not In uniform-Jurisdiction of High Court to take cognizance-Held: Acts committed amounts to deliberate interference with the discharge of duty of a judicial officer by intimidation, lowers the dignity of the Court and interferes with the administration of justice and as such are not punishable as contempt under section 228 IPC, but covered under the definition of criminal contempt-Hence, High Court competent to take cognizance of such matter-Penal Code, 1860-Section 228. Sections 15(2) and 10-Criminal contempt of subordinate court-Suo motu cognizance by High Court-Permissibility of-Held: On proper construction, sub-section (2) of section 15 does not restrict power of High Court to take cognizance of and punish contempt of subordinate court on its own motion-Interpretation of statutes.Sections 17 and 2(c)-Criminal contempt-Procedure for conviction-Held: High Court has to decide contempt proceedings in a summary manner- It must follow fair procedure and give fair and reasonable opportunity to the contemnors-On facts, Judicial Officer assaulted in a pre-planned and calculated manner in his court room and chambers by police officials not in uniform-Conviction on the basis of affidavit filed, High Court giving/air and reasonable opportunity to contemnors-Opportunity of cross-examination not availed at appropriate stage-Thus, no fault could be found with the summary procedure adopted by High Court in conducting the proceedings-Sentence of simple imprisonment imposed on contemnors justified. |
Judge | Hon'ble Mr. Justice Ashok Bhan |
Neutral Citation | 2004 INSC 263 |
Petitioner | Daroga Singh And Ors |
Respondent | B.k. Pandey |
SCR | [2004] Supp. (1) S.C.R. 113 |
Judgement Date | 2004-04-13 |
Case Number | 316 |
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