news details |
|
|
| Lower courts can't initiate proceedings to punish for contempt of itself: HC | | | Early Times Report
Srinagar, Dec 25: Subordinate courts cannot take cognizance and initiate proceedings to punish for contempt of itself, the state high court has ruled to keep the lower courts within the bounds of their authority.
"The law provides that if there is contempt of any court subordinate to the High Court, it is the High Court alone which has the power to punish for subordinate (courts) cannot take cognizance and initiate proceedings to punish for contempt of itself, the question of conducting trial of an application for contempt and taking a decision thereon is far remote," a single bench of the high court a bench of Justice Ali Mohammad Magrey said.
The court made the observation while allowing a petition, challenging Chief Judicial Magistrate's Srinagar's 6 November 2013 order, dismissing a contempt petition alleging violation of its interim order in a suit titled-M/s ACE Enterprises Vs Union of India and others.
"This is a petition filed under Section 104 of the Constitution of Jammu and Kashmir read with Article 227 of the Constitution of India. If this Court had the jurisdiction to sit in appeal over the impugned order and proceed to legally analyze it on the touch stone of established law, given the reasoning recorded by the learned Sub-Judge, it would not withstand the scrutiny of law even for fraction of a second," the court said, adding, "the high Court has the power of general superintendence to keep the subordinate courts within the bounds of their authority, to see that they do what their duty requires them to do and that they do it in a legal manner."
The court said that It needed to borne in mind that contempt proceedings are essentially a matter which concern the administration of justice and are intended to be a protection to the public whose interests would be very much affected if by the act or conduct of any party, the authority of the court is lowered and sense of confidence which people have in the administration of justice by it is weakened. "Contempt jurisdiction is not to be invoked for redress of grievances," the court said
However, the court said that the subordinate courts do have the power to punish a person for disobedience of its interim orders under Code of Civil Procedure.
"Order XXXIX Rule 2-A of the Code of Civil Procedure provides for the consequences of disobedience or breach of injunction. It provides that in the case of disobedience of any injunction granted or other order made under rule 1 or rule 2 or breach of any of the terms on which the injunction was granted or the order was made, the court granting the injunction or making the order or any court to which the suit or proceeding is transferred, may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison, for a term not exceeding three months unless in the meantime the court directs his release," the court said. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
