Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Jammu and Kashmir Contempt of Courts Act 1997: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Contempt proceedings under - A general study conducted by petitioner No. 2 and published by petitioner No. 1 - References therein regarding functioning of judiciary - Allegation that 92% of the lower judiciary in the State of Jammu and Kashmir was perceived to be corrupt - Court of Judicial Magistrate, 1st Class, Kangan, Jammu and Kashmir initiated action against 5 persons including the petitioners, and issued notices calling for their explanation and their appearance before the Court - Petitioners filed their respective responses to the notices stating therein inter alia that since the proceedings were initiated under Contempt of Courts Act and uls 2(d) r/w ss. 499, 5001501 of Ranbir Penal Code, the Magistrate had neither the right to initiate proceedings for the contempt nor had the right to make reference for the same to the High Court - Thereafter, the order passed by Magistrate seeking the presence of petitioners through bailable warrants - Writ petition before Supreme Court - Held: The .Judicial Magistrate had no jurisdiction or authority to pass the impugned order, whereby it contemplated to enforce the attendance of the petitioners, by way of arrest - The Magistrate was required to proceed with the matter in consonance with law - If it was Courts understanding that the matter needed to be taken further, either under Contempt of Courts Act or uls. 216 r/w. ss. 499, 500/501 of Ranbir Penal Code, the Court ought to have done so in consonance with law - Ranbir Penal Code, Samvat 1989 - SS. 216 r/w. SS. 499, 500/501 .s. 15 - Reference under - Whether can be made for general allegations levelled against lower judiciary - Held: When general allegations are made against many courts, not aimed at any specific judge or Court any one of the courts or judges can make a reference. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2017 INSC 167 |
Petitioner | Transparency International India And Anr. |
Respondent | State Of Jammu & Kashmir |
SCR | [2017] 2 S.C.R. 662 |
Judgement Date | 2017-02-21 |
Case Number | 180 |
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