RNI No.MAHBIL/2009/35527 Reg, No. MH/MR/South-343/2014-16 W&X*2&m^ man* wwi *MMSI 3WWRUI jR'lriefi' ^?6 H<M<I«S »ii*HioaR#*w far tsirfep TOfe^'RTHl ?raiT %^# ( W T i**», t^r-ar w t*?>-?r **fe£ ufwff %#^ cStofef, few w sn^yr qwrdfi«*d jm) sfcnfosr few or asrn&r; *rr?r »ira «H<*W, ^ s r ^WIM<I, ufiefm m%m, an^rr (TFHT ^JFTF^ Tp3»).
fejn^iffeCTfr w few«'j* srroH fei.<5U{* -*imifti«*<ui, fera^ feiw srfeefr cr {Nsr<Pfs srrqinngTgftgT P f WfeHHt '?IHt rPTTT %?fc* tsjlfej? few =1 3TT̂5FT *rix?T ^MI^Sl ?fcft.
THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NOTIFICATION No. P. 3602/2014.—The Honourable the Chief Justice and Judges of the Bombay High Court are pleased to direct that the following amendments shall be made to Rule 24 in Chapter XXXIV of the Bombay High Court Appellate Side Rules, 1960 (Reprint 1981) with effect from 1st December, 2014.
Subs t i tu t e the following Rule as Rule 24(i) to (iv) for the existing Rule 24 of Rules to Regulate Proceedings For Contempt Under Article 215 of The Constitution of India and The Contempt of Courts Act, 1971 contained in Chapter XXXTV of The Bombay High Court Appellate Side Rules, 1960 ;— Rule. 24(i) : Every Petition or reference in respect of Civil Contempt alleging willful • disobedience of any ad-interim/interim or final order passed by the High Court shall be heard and disposed of by the concerned Division Bench or Single, Judge, as the case may be, before which/whom the main matter is pending or before which/whom the main matter would lie, if it were pending.
(X) jR<ufe 24f«> : Every Petition or reference in respect of Civil Contempt of Subordinate Court shall be heard and disposed of by a Single Judge.
Rule 24(v'i): Notwithstanding anything contained in Sub Rules (i) and (ii), the Chief Justice may in his discretion assign to a Division Bench Contempt Petition which would otherwise lie before a Single Judge.
Rule 24(iv) : Notwithstanding anything contained in Sub Rules (i) and (ii), the Chief Justice in his discretion, may assign Civil Contempt Petition to any other Division Bench or Single Judge.
HIGH COURT OF JUDICATURE AT BOMBAY, Dated 29th November, 2014.
DR. MRS. SHAL1NI PHANSALKAR JOSHI, Registrar General.
O S BEHALF OF GOVKHNMNT PRINTING, STATIONKHY AND PUBUCATION. HUNTED AND PUBUStOSD BY SHRi PAK9HUKAM JAGANNATH GO.SAVI, pRINTEll AT GOVERNMENT CEWRAL PBESS, 21-A, NCTAJ1 SUBHASH ROAD, CSIARN1 ROAD, MUMRM 40(1004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PMNTINC.
SEATTONEKV 4KB PUBUCATION, VI A, NETAJI SUBHASH ROAD. CHAHNI ROAD, MUMBAI *00 «•'!, KHUTOR • SHE! PARSHURAM JAGANNATH G O S A V I i t& RNI No.MAHBIL/2009/35527 Reg. No. MH/MR/South-343/2014-16 <anf % aw: vsx(^>I W^Rf. fe&ar ?, ws/arafppqr ?o, f i% ?^e, [ ^ $, fern : m$ <?.oo J Mtimv ?rrcFrf3#rfm far &ar#wr yiFy*MMl (W*T Tjsi,-, -î f-3T sr T&-& vm^ tfOm &M $wftkm ftram a sn^rt <4irfifirf**» p r ) tE#rsfr PTOT sr SJÎ W ; *n?r mm WOTPT, 3̂ er ^WIPM, mefhsr smyw, 3TT^?T (TTJRT '3?TRR ^ r ) , |H? mfiieurA -ziHI rRnr M * * <t*nfeff few at 3 1 ^ srmr WTI^S? # ! » THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE NOTIFICATION No. G/Amend/ 392.— The Honourable the Chief Justice and Judges of the Bombay High Court are pleased to direct that the following amendments shall be made in Rule 1051 of Chapter LVHI of Bombay High Court Original Side Rules, ]980 with effect from 1st December, 2014.
Subs t i tu t e the following Rule as Rule 1051 (i) to (iv) for the existing Rule 1051 of Rules to Regulate Proceedings For Contempt Under Article 215 of The Constitution of India and The Contempt of Courts Act, 1971 contained in Chapter LVHI of Bombay High Court Original Side Rules, 1980 ;— Bute 1051(1) : Every Petition or reference in respect of Civil Contempt alleging willful disobedience of any ad-interim / interim or final order passed by the High Court shall be heard and disposed of by the concerned Division Bench or Single Judge, as' the case may be, before which/whom the main matter is pending or before which/whom the main matter would lie, if it were pending.
ft) i ftu/t* 1051(H) : Every Petition or reference in respect of Civil Contempt of Subordinate Court shall be heard and disposed of by a Single Judge.
. Rule 1051(iii) : Notwithstanding anything contained in Sub Rules (i) and («), the Chief Justice may in his discretion assign to a Division Bench Contempt Petition "which would otherwise lie before a Single Judge.
t Rule 105l(iu) : Notwithstanding anything contained in Sub Rules (i) and («), the Chief Justice, in hiii discretion, may assign Civil Contempt Petition to any other Division Bench or Single Judge.
HIGH COURT OF JUDICATURE AT BOMBAY, Dated 29th November, 2014.
DR. MRS. SHALINT PHANSALKAR JOSHI, Registrar General.
'.IN HKHALF OF aOVBHNMKOT PSINTINO, STATIONARY AND PUBLICATION, PRINTED-AND PUBUdHEi) BY' SHill PAS3HURAM JAGANNATH OORAVT, PRINTED, AT S'rOVKRKMBWT CENTRAL PKBS8, 2J-A, NETAJI SUBHASH ROAD. CHAKMI KOA0, MUMB/O tKl im AND POHUSHBO AT BIRWnORATfi OFCOVHRNMRNT PRINTING.
RTA'STONKKV AM) PtmUC/.TlOK. 'K-A. N E T A J S SWBHASK ROAD, CHARM ROA.l), MUM3AI 498 Wi , EWTOJf. SHUI PASSHUKAM .IAGANNATH SDSAV1 'i,':'!1-" •' "va^ft • • w , » s r * ' ™ « ^ w » T ' r - •HHHHHR!
@ 293 Chapter XXXIV 1 [ R U L E S TO REGULATE PROCEEDINGS FOR CONTEMPT UNDER ARTICLE 2 1 5 OF THE f \ - * •• '• CONSTITUTION OF INDIA AND THE CONTEMPT OF COURTS A C T , 1 9 7 1 6 6 7 .
1. Title - These Rules shal l be called The Con tempt of Cour t s (Bombay High Court) Rules , 1994.
2. C o m m e n c e m e n t - They shal l come in to force on the da te of pub l ica t ion .
3 . Definition - In these Rules , u n l e s s the re is any th ing r e p u g n a n t to t h e sub jec t or contextla) "Act" m e a n s the Contempt of Cour t s Act, 1971 (No. 70 of 1971);
(b) "High Court" m e a n s the High Cour t of J u d i c a t u r e a t Bombay a n d / o r s u c h o the r Cour t as may be des ignated as s u c h for the pu rpose of the Con tempt of C o u r t s Act, 1971 :
(c) "Judge" m e a n s a J u d g e of the High Cour t of J u d i c a t u r e a t Bombay o of a Cour t des igna ted a s s u c h for the p u r p o s e s of Contempt of Cour t s Act, 1 9 7 1 ;
(d) "Prothonotary" m e a n s t h e Pro thono ta ry a n d Senior Mas te r of t h e High Cour t a n d shal l inc lude the Addit ional Pro thonota ry and the Officer on Specia l Duty of a des igna ted Court :
(e) "Registrar" m e a n s the Registrar of the High Court and shal l inc lude Addit ional Registrar , a t Nagpur , Aurangabad or Goa;
(f) all t h e words and express ions u s e d in t he se Rules b u t no t defined t he r e in sha l l have the m e a n i n g s respectively ass igned to t h e m in the Act.
Part I
4. (1) Where Con tempt of Cour t is commit ted in view or p r e sence or h e a r i n g of Cour t t he con t emnor may be p u n i s h e d by the Cour t before which Con tempt is commit ted e i ther forthwith or on a s u c h da te as may be appoin ted by t h e Cour t in t h a t behalf.
(2) Pending the de te rmina t ion of the charge, the Cour t may direct t h a t c o n t e m n o r shal l be de ta ined in s u c h cus tody a s it may specify:
Provided t h a t t he con temnor may be re leased on bail or on s u c h o ther t e r m s a s to u n d e r t a k i n g s or o therwise a s the Cour t may direct . *" Part II
5. In case of Con tempt of Cour t o ther t h a n the Con tempt referred to in Rule 4, Cour t may take act ion-
(a) Suo motu, or
(b) on a pet i t ion m a d e by Advocate General .
(c) on a pet i t ion m a d e by any pe r son , a n d in the case of a cr iminal c o n t e m p t wi th the c o n s e n t in wri t ing of t h e Advocate Genera l
(d) on a reference m a d e to the High Cour t by any S u b o r d i n a t e Cour t in respec t of Civil Contempt , or
(e) on a reference u n d e r Sect ion 15(2) of the said Act m a d e by a s u b o r d i n a t e Cour t e i ther suo motu or on an Application received by it.
1. Substituted by No. P 3603/94, dt. 26.3.96 MGG Pt IV-C P. 364-368.
294 Civil Manual COGNIZANCE AND PROCEDURE
6. Par t ies to the Petition,—
(a) Every Peti t ion for ini t ia t ing proceedings for Con tempt of Cour t shal l be r t a s Contempt Peti t ion.
(b) In a proceeding ini t ia ted by Petit ion the ini t ia tor sha l l be descr ibed a s Pe and the opposi te pa r ty as Responden t .
(c) In every Petit ion for cr iminal con tempt , the S ta t e of M a h a r a s h t r a shal l be Responden t .
7. (a) Every Petit ion or Reference u n d e r Rule 5(b), (c), (d) or (e) shal l conta in
(i) the name , descr ip t ion and complete a d d r e s s of the Pet i t ioner or Pet i t ioners the person charged;
(ii) n a t u r e of the con t empt alleged, a n d s u c h mate r ia l facts , inc lud ing the da te o of commiss ion of the alleged contempt , a s may be neces sa ry for the p roper d e t e r m of the case ;
(iii) if a Peti t ion h a s previously been m a d e by h im on t h e s a m e facts , t h e Petitione give the detai ls of the Peti t ion previously made and shal l a lso ind ica te t h e resu l t t
(b) Every Petit ion u n d e r Rule 5(c) shal l be suppor ted by an Affidavit.
(c) Where the Pet i t ioner relies upon a d o c u m e n t or d o c u m e n t s in h i s posses ;
power, he shal l file s u c h d o c u m e n t or d o c u m e n t s or t r u e copies thereof w Petit ion.
8.(1) Every Petit ion or Reference u n d e r Rules 5(b), (c), (d) or (e) sha l l on being f received be forthwith pos ted before t h e Cour t for pre l iminary h e a r i n g a n d for order i s sue of not ice. Upon s u c h hear ing , the Court , if satisfied t h a t a prima facie case h a m a d e ou t for i s s u e of not ice, m a y i s s u e s u c h not ice to the C o n t e m n o r a n d , if no t so sa may d i smiss the pet i t ion.
(2) the Cour t may, if it t h i n k s it abso lu te necessa ry to do so, and where the Ci of the opinion t h a t mere service of Notice, will not secure the p r e s e n c e of the Conte alongwith i s s u e of Notice a lso i s sue a bai lable or non-ba i lab le w a r r a n t for a r r e s t Contemnor .
9. (1) Notice to the pe r son charged shal l be form I. The pe r son cha rged shal l , io therwise ordered, a p p e a r in pe r son before t h e Cour t as di rected on t h e d a t e fie hea r ing of the proceeding, a n d shal l con t inue to remain p r e s e n t d u r i n g hea r ing t proceedings in finally d isposed off by Order of the Court .
(2) When act ion is in i t i a ted 'on a Peti t ion or a Reference, a copy of the Peti t ion Reference alongwith the a n n e x u r e s a n d Affidavit shal l be served u p o n t h e p e r s o n ch,
10. The person charged may file h is reply by way of an Affidavit or Affidavits witl days from the service of t h e Notice or wi th in s u c h t ime a s t h e Cour t m a y fix.
1 1 . No fur ther Affidavit or d o c u m e n t shal l be filed except wi th t h e leave of the (
12. (a) Reference u n d e r Sect ion 15(2) of the Act may be m a d e by s u b o r d i n a t e C ei ther suo motu or on an Application received by it.
(b) Before mak ing a reference the s u b o r d i n a t e Cour t shal l hold a p re l iminary er by i s su ing a Show C a u s e Notice accompanied by copies of re levant d o c u m e n t s , if a the con temnor and after hea r ing h im the s u b o r d i n a t e Cour t shal l wri te a concise reai Order of Reference indica t ing t h e n a t u r e of t h e Con tempt and the p e r s o n / p e r s o n s ai to have comit ted it.
13 . The High Cour t m a y on i ts Appellate Side, en te r t a in a Pet i t ion for Conten S u b o r d i n a t e Cour t . If it cons iders it necessa ry , it m a y di rect t h e S u b o r d i n a t e COT invest igate n t o ques t ion in to ques t ion of fact and m a k e a repor t .
14. Every Pet i t ion m a d e by the Advocate General u n d e r sub-sec t ion (2) of Sectii of the Act shall state the relevant facts on the basis of which it is alleged tha t the cont apears to have been committed by the p e r s o n / p e r s o n s n a m e d there in . The Peti t ion broadly summarise the relevant material justify filing of the Petition.
* ... , .;...,„ Civil Manual 295
15. Un les s o therwise ordered by the Court , four copies of the Paper Book shal l be p repa red in the office of the Pro thonotary and Senior Master or the Registry, one for the pet i t ioner , one for t h e opposite par ty and the remain ing for the u s e of the Cour t . The Paper Books shal l cons is t of the following documen t s : -
(i) Petition a n d Affidavits filed by the Peti t ioner,
(ii) A copy of, or a s t a t e m e n t re la t ing to, the objectonable m a t t e r or ma te r i a l cons t i - ;, tu t ing t h e alleged con tempt .
(iii) Reply a n d Affidavit of the Opposi te Party, if any?
(ivj Copies of D o c u m e n t s filed by the par t i es
(v) Any o the r d o c u m e n t s which the P ro thono ta ry /Reg i s t r a r m a y deem fit to inc lude .
16. The Cour t may direct the Advocate Genera l to appea r and a s s i s t t he Cour t .
17. The Cour t may, if it h a s reason to believe, t h a t the pe r son charged is a b s c o n d i n g or is o therwise evading service of notice, or if he fails to appea r in pe r son or to c o n t i n u e to r ema in p re sen t in pe r son in p u r s u a n c e of the Notice, direct a W a r r a n t bai lable or n o n - bai lable for h i s a r r e s t or may direct a t t a c h m e n t of h i s proper ty as may be specified in the Order by the Cour t . The W a r r a n t shal l be i s sued u n d e r the s igna tu re of the P ro thono ta ry or Regis t rar or Officer on Special Duty as the case may be. The w a r r a n t shal l be executed , as far as may be in the m a n n e r provided for execut ion of w a r r a n t s u n d e r the Code of Criminal P rocedure .
18. The Cour t may p a s s s u c h orders as it t h inks fit inc luding Orders as to cos t s which may be recovered a s if the Orders were a decree of the COur t .
19. (a) Every Notice i s sued by the High Cour t or Designated Cour t to the c o n t e m n o r sha l l be accompan ied by a copy of Petit ion or Reference, as the case may be , toge ther wi th the copies of Affidavit, if any.
(b) S u c h Notice i s sued by the High Cour t or Designated Cour t shal l be signed a n d da ted by the P ro thono ta ry or Addit ional Pro thonota ry or Officer on Special Duty or A s s i s t a n t Registrar and shal l be sealed with the seal of the High Court or the concerned Cour t .
(c) Notice of every proceeding u n d e r this Act shall be served personal ly on the pe r son charged, u n l e s s the Court , for r e a s o n s to be recorded, directs o therwise . In the case of service may be effected in the m a n n e r prescr ibed u n d e r the Code of Civil P rocedure and Procedure a n d / o r the High Cour t Rules or the Rules of the concerned Cour t for service of p rocess .
20 . Whenever the High Cour t or des igna ted Cour t i s sue a not ice, it m a y d i s p e n s e with the pe r sona l a t t e n d a n c e of the person charged with the con tempt and permi t h im to a p p e a r t h rough an Advocate and in i ts discret ion, a t any s tage of the proceeding, direct t h e pe r sona l a t t e n d a n c e of s u c h person , and , if necessa ry , enforce s u c h a t t e n d a n c e in the m a n n e r he re in above provided.
2 1 . W h e n any pe r son charged with con tempt a p p e a r s or is b r o u g h t before the Cour t or the des igna ted Cour t s u c h p e r s o n / p e r s o n s may be re leased on bail on s u c h t e r m s and condi t ions a s t h e Cour t may be deem fit and proper .
Enqu i ry 22 . (a) Any pe r son charged with contempt , may file Affidavit in s u p p o r t of h i s defence on the da te fixed for his a p p e a r a n c e or on s u c h other date as may be fixed by the Cour t in t h a t behalf.
(b) if s u c h p e r s o n p leads guilty to the charge , h is plea shal l be recorded a n d the Cour t may , in i ts d iscre t ion, convict h im the reon .
(c) If s u c h p e r s o n refuses to plead or does no t p lead, or c la ims to be tr ied or t h e Cour t does no t convict h im on h is plea of guilt, it may de te rmine the m a t t e r of the cha rges e i ther on t h e Affidavits filed or after t ak ing s u c h fur ther evidence a s it d e e m s fit.
2 3 . The Rules conta ined in Bombay High Cour t Rules pe r ta in ing to g r a n t of copies , p rocess fees and t r ans la t ion of d o c u m e n t s and s u c h other m a t t e r s in respec t of which no provision is m a d e in the Rules shal l mutatis mutandis apply to the proceedings in the High Court and des igna ted Cour t .
i !
- . :-i 296 Civil Manual i
24. Every Petition or reference in respec t of Civil con tempt inc luding Civil con tempt of a s u b o r d i n a t e Cour t shal l be heard and disposed of by a single J u d g e .
2 5 . (a) In case of con tempt ar i s ing ou t of a proceeding on the Original Side of t h e High Court , t he pet i t ion shal l be on the original Side of the High Cour t .
(b) In case of con tempt ar is ing ou t of a proceeding on the Appel la te Side of the High Cour t , t he Petition shal l be filed on the Appellate Side.
(c) Pet i t ions or Reference for Con tempt of S u b o r d i n a t e Cour t s sha l l be filed on the Appellate Side.
(d) In case of con tempt ar is ing out of proceeding before the Des igna ted Cour t , the pet i t ion shal l be fild before the Designated Court . All the ru les here in shal l apply mutatis mutandis in respec t of Contempt of the Designated Court .
26 . Where a pe r son charged wi th con t empt is adjudged guilty a n d is s e n t e n c e d to suffer impr i sonmen t , a W a r r a n t of Commi tmen t and de tent ion shal l be m a d e ou t u n d e r the s igna tu re of Pro thonota ry or Registrar or Officer on Special Duty as the case may be."
. . . . . , . , . , . . . .
PHI M 3£ 446 :l Chapter XIII 1 [Rules to Regulate Proceedings for Contempt under Article 215 of The Constitution of. J India and The Contempt of Courts Act, 197L* ' t • : ^
1. Title - These Rules shall be called The Contempt of Courts (Bombay High Court) Rules, 1994.
2. Commencement - They shall come into force on the date of publication.
3 . Definition - In these Rules, unless there is anything repugnan t to the;
subject or context-
(a) "Act" means the Contempt of Courts Act, 1971 (No. 70 of 1971);
(b) "High Court" means the High Court of Jud ica ture at Bombay a n d / o r such other Court as may be designated as such for the purpose of the Contempt of Courts Act, 1971;
(c) "Judge" means a Judge of the High Court of Jud ica tu re at Bombay o of a x p p - p r f r1pc;i crnp f PH pq qnrVi fnr the nnrnnsp^ "f^nntpmnt of P.niirtR Art' JT$pH ;
(d) "Prothonotary" means the Prothonotary and Senior Master of the H ^ U Court and shall include the Additional Prothonotary and the Officers.
Special Duty of a designated Court; —
(e) "Registrar" means the Registrar of the High Court and shall include Additional Registrar, at Nagpur, Aurangabad or Goa;
(f) all the words and expressions used in these Rules bu t not defined therejr shall have the meanings respectively assigned to them in the Act.
PART I
4. (1) Where Contempt of Court is committed in view or presence or hearing!!":
of Court the contemnor may be punished by the Court before which Contempt is committed either forthwith or on a such date as may be appointed by the Court in that behalf.
'--fiiBBH
(2) Pending the determination of the charge, the Court may direct that contemnor shall be detained in such custody as it may specify:
Provided tha t the contemnor may be released on bail or on such other ter:..
as to undertakings or otherwise as the Court may direct.
I
PART II I
5. In case of Contempt of Court other than the Contempt referred to in Rule 4, Court may take actionfa) Sao motu, or
(b) on a petition made by Advocate General.
(c) on a petition made by any person, and in the case of a criminal contempt with the consent in writing of the Advocate General -%
(d) on a reference made to the High Court by any Subordinate Court in respect of Civil Contempt, or
1. Substituted by No. P. 3603 /94 , dt. 26.3.96, M.G.G., Pt. IV-C, pp. 364-368.
f i t M ' ' ' ' • " • " - ESSE ^ • B S Criminal Manual 447 ipj on a reference under Section 15(2) of the said Act made by a subordinate Court either suo motu or on an Application received by it.
COGNIZANCE AND PROCEDURE
6. Parties to the Petition,— a) Every Petition for initiating proceedings for Contempt of Court shall be* registered as Contempt Petition.
jfJTJn a proceeding initiated by Petition the initiator shall be described as Petitioner and the opposite party as Respondent.
(c) In every Petition for criminal contempt, the State of Maharash t ra shall be made a Respondent.
|7, (a) Every Petition or Reference under Rule 5(b), (c), (d) or (e) shall contain ;(i) the name, description and complete address of the Petitioner or Petitioners and of the person charged;
nature of the contempt alleged, and such material facts, including the date |pr dates of commission of the alleged contempt, as may be necessary for the proper "determination of the case;
(iii) if a Petition has previously been made by him on the same facts, the ^Petitioner shall give the details of the Petition previously made and shall also ^indicate the result thereof;
*{b) Every Petition under Rule 5(c) shall be supported by an Affidavit.
(c) Where the Petitioner relies upon a document or documents in his posses s i o n or power, he shall file such document or documents or t rue copies thereof with the Petition.
8. (1) Every Petition or Reference under Rules 5(b), (c), (d) or (e) shall on being siiled.on received be forthwith posted before the Court for preliminary hearing and for orders as to issue of notice. Upon such hearing, the Court, if satisfied tha t a jf|f§rta/aae case has been made out for issue of notice, may issue such notice to the Contemnor and, if not so satisfied may dismiss the petition.
(2) the Court may, if it thinks it absolute necessary to do so, and where the jurt is of the opinion that mere service of Notice, will not secure the presence of the Contemnor, alongwith issue of Notice also issue a bailable or non-bailable warrant for arrest of the Contemnor.
9. (1) Notice to the person charged shall be form I. The person charged shall, unless otherwise ordered, appear in person before the Court as directed on the gdate ficed for hearing of the proceeding, and shall continue to remain present •during hearing till the proceedings in finally disposed off by Order of the Court.
(2) When action is initiated on a Petition or a Reference, a copy of the Petition or the Reference alongwith the annexures and Affidavit shall be served upon the person charged.
10. The person charged may file his reply by way of an Affidavit or Affidavits v/ithin 14 days from the service of the Notice or within such time as the Court may
11. No further Affidavit or document shall be filed except with the leave of the Court.
12. (a) Reference under Section 15(2) of the Act may be made by subordinate _Courts either suo motu or on an Application received by it.
|i-(b) Before making a reference the subordinate Court shall hold a preliminary enquiry by issuing a Show Cause Notice accompanied by copies of relevant <L3S.
448 Criminal Manual d o c u m e n t s , if any , to t h e c o n t e m n o r a n d after h e a r i n g h i m t h e s u b o r d i n a t e CoumN sha l l wri te a concise r e a s o n e d Order of Reference ind i ca t ing t he n a t u r e of th l | C o n t e m p t a n d the p e r s o n / p e r s o n s alleged to have comi t t ed it.
1 3 . The High Cour t m a y on i ts Appel la te Side, e n t e r t a i n a Pe t i t ion for Contempt of S u b o r d i n a t e Cour t . If it cons ide r s it neces sa ry , it m a y d i rec t t h e Subordin j Cour t to inves t iga te n to ques t ion in to ques t i on of fact a n d m a k e a repor t .
1 4 . Every Pet i t ion m a d e by the Advocate Genera l u n d e r s u b - s e c t i o n (2L Sect ion 15 of t h e Act sha l l s t a t e t he r e l evan t facts on t h e b a s i s of w h i c h it is allege'c t h a t the c o n t e m p t a p e a r s to have been commi t t ed by t h e p e r s o n / p e r s o n s nameal the re in . The Pet i t ion sha l l b road ly s u m m a r i s e the re levan t m a t e r i a l just i fy filing' of t h e Pet i t ion.
1 5 . Un le s s o the rwise ordered by the Cour t , four copies of t h e P a p e r Book shalL be p r e p a r e d in t he office of t he P r o t h o n o t a r y a n d Sen io r M a s t e r or t h e Registry,'1 one for t h e pe t i t ioner , one for t h e oppos i te p a r t y a n d t h e r e m a i n i n g for t h e use Q| t h e Cour t . The Pape r Books sha l l cons i s t of t h e following d o c u m e n t s : -
(i) Pe t i t ion a n d Affidavits filed by t h e Pet i t ioner ,
(ii) A copy of, or a s t a t e m e n t re la t ing to, the ob jec tonable m a t t e r or material cons t i t u t i ng t he alleged con t emp t .
(iii) Reply a n d Affidavit of t he Oppos i te Par ty , if any?
iivj Copies oi D o c u m e n t s h ied by the p a r t i e s
(v) Any o the r d o c u m e n t s wh ich t h e P r o t h o n o t a r y / R e g i s t r a r m a y d e e m fitiM inc lude .
1 6 . The C o u r t m a y di rec t t h e Advocate Genera l to a p p e a r a n d a s s i s t t h e Courtis 1 7 . The Cour t may , if it h a s r e a s o n to believe, t h a t t h e p e r s o n charged is a b s c o n d i n g or is o the rwise evading service of not ice , or if he fails to appear inj p e r s o n or to c o n t i n u e to r e m a i n p r e s e n t in p e r s o n in p u r s u a n c e of t h e Notice,;
d i rect a W a r r a n t ba i lab le or non-ba i l ab l e for h i s a r r e s t or m a y d i r ec t a t t a c h i n g ^ of h i s p rope r ty a s m a y b e specified in t h e Order by t h e Cour t . T h e W a r r a n t sr be i s s u e d u n d e r t he s i g n a t u r e of t he P r o t h o n o t a r y or Reg i s t ra r or Officer on Specif Du ty a s t he case m a y be . The w a r r a n t shal l be execu ted , a s far a s m a y be in theJ m a n n e r provided for execu t ion of w a r r a n t s u n d e r t h e Code of Cr imina l Procedure.
1 8 . The Cour t m a y p a s s s u c h o rde r s a s it t h i n k s fit i nc lud ing O r d e r s a s to costsg wh ich m a y be recovered a s if t h e Orde r s were a dec ree of t h e C o u r t .
1 9 . (a) Every Notice i s s u e d by the High Cour t or D e s i g n a t e d C o u r t to the, c o n t e m n o r sha l l be a c c o m p a n i e d by a copy of Pet i t ion or Reference , a s the cajgf m a y be , t oge the r wi th t he copies of Affidavit, if any .
(b) S u c h Notice i s s u e d by the High Cour t or Des igna t ed C o u r t sha l l be signed* a n d da t ed by the P r o t h o n o t a r y or Addi t ional P r o t h o n o t a r y or Officer on Special;
Duty or A s s i s t a n t Reg i s t ra r a n d sha l l be sea led wi th t h e sea l of t h e High Court gjj t he c o n c e r n e d Cour t .
(c) Notice of every p roceed ing u n d e r t h i s Act sha l l be se rved pe r sona l l y on the^ p e r s o n cha rged , u n l e s s t h e Cour t , for r e a s o n s to b e r eco rded , d i r e c t s other • In t h e ca se of service m a y be effected in t h e m a n n e r p r e s c r i b e d u n d e r the 331 of Civil P rocedu re a n d P r o c e d u r e a n d / o r t he High Cour t Ru le s or t h e Rules of the"* conce rned Cour t for service of p roces s .
2 0 . Wheneve r t h e High Cour t or de s igna t ed C o u r t i s s u e a no t ice , it may d i s p e n s e wi th t h e p e r s o n a l a t t e n d a n c e of t h e p e r s o n c h a r g e d w i t h t h e contempt!
and pe rmi t h im to a p p e a r t h r o u g h a n Advocate a n d in i t s d i sc re t ion , a t any sx w Criminal Manual 44!:
| of the proceeding , d i rec t t h e p e r s o n a l a t t e n d a n c e of s u c h p e r s o n , a n d , if n e c e s - <* sary, enforce s u c h a t t e n d a n c e in t h e m a n n e r he r e in above provided .
2 1 . When a n y p e r s o n cha rged with c o n t e m p t a p p e a r s or is b r o u g h t before t h e Court or the des igna t ed Cour t s u c h p e r s o n / p e r s o n s m a y be r e l e a s e d on bai l on Iguch t e r m s a n d cond i t i ons a s t h e Cour t m a y be d e e m fit a n d p r o p e r .
E n q u i r y 2 2 . (a) Any p e r s o n cha rged with con tempt , m a y file Affidavit in s u p p o r t of h i s defence on the d a t e fixed for h i s a p p e a r a n c e or on s u c h o the r d a t e a s m a y be fixed * by the Cour t in t h a t behalf.
(b) if s u c h p e r s o n p l e a d s guil ty to the charge , h i s p lea sha l l be r e co rded a n d ^the Cour t may, in i ts d i sc re t ion , convict h im the reon .
(c) If s u c h p e r s o n re fuses to p lead or does no t p lead , or c l a ims to be t r ied or *jfhe Cour t does n o t convict h i m on h i s p l ea of guil t , it m a y d e t e r m i n e t h e m a t t e r , of the c h a r g e s e i the r on t h e Affidavits filed or after t a k i n g s u c h f u r t h e r ev idence 5?as it d e e m s fit.
2 3 . The Rules con t a ined in B o m b a y High Cour t Rules p e r t a i n i n g to g r a n t of copies, p r o c e s s fees a n d t r a n s l a t i o n of d o c u m e n t s a n d s u c h o t h e r m a t t e r s in respect of wh ich no provis ion is m a d e in t he Rules sha l l mutatis mutandis app ly 15 the p roceed ings in t h e High Cour t a n d des igna t ed Cour t .
I 2 4 . Every Pet i t ion or reference in r e spec t of Civil c o n t e m p t i n c l u d i n g Civil - 1 ; , )sed of by a s ingle J u d g e . •contempt of a s u b o r d i n a t e Cour t shal l be h e a r d a n d m4,s 2 5 . (a) In c a s e of c o n t e m p t a r i s ing o u t of a p roceed ing on t h e Or ig ina l S ide of the High Cour t , t h e pet i t ion sha l l be on the original Side of t he High C o u r t .
(b) In case of c o n t e m p t a r i s ing ou t of a p roceed ing on the Appel la te Side of t h e High Cour t , t he Pet i t ion sha l l be filed on the Appel la te Side.
'5;(c) Pe t i t ions or Reference for C o n t e m p t of S u b o r d i n a t e C o u r t s sha l l be filed on [the Appellate S ide .
(d) In case of c o n t e m p t a r i s ing ou t of p roceed ing before t h e D e s i g n a t e d Cour t , the peti t ion sha l l be fild before the Des igna ted Cour t . All t he r u l e s h e r e i n sha l l apply mutatis mutandis in r e spec t of C o n t e m p t of t h e D e s i g n a t e d C o u r t .
PART III , 2 6 . Where a p e r s o n cha rged wi th c o n t e m p t is ad judged gui l ty a n d is s e n t e n c e d to suffer i m p r i s o n m e n t , a W a r r a n t of C o m m i t m e n t a n d d e t e n t i o n sha l l b e m a d e out u n d e r t h e s i g n a t u r e of P r o t h o n o t a r y or Reg is t ra r or Officer on Spec ia l D u t y as the ca se m a y be" .
NOTES Allegations against Judges of High Court, Bombay : Con tempt of t he Court :
Supreme Court observed t h a t throwing chappals a t J u d g e s even a t Supreme Court :
gee. 14 of the Contempt of the Courts Act, 1971 : The petitioners were asked to withdraw TO: allegations made, they refused to do so and submitted that they stood by the said averments and strongly urged the Court to issue process to arrest the 12 Judges of the High Court of Bombay. On 10.9.2008, before the Bench presided over by Dr. Jus t ice Arijit Pasayat, while the writ petitioners appeared in person, the respondents were .duly represented by Counsel and after hearing the petitioners, the Court was of the view that JfeShow Cause Reply was equally contumacious and some action was required to be taken gainst the petitioners for contempt of this Court. The Writ Petitions and the suo motu Contempt proceedings were taken up for consideration on 20.3.2009. When the hearing Cri. - 29 450 Criminal Manual commenced, the writ petitioners disrupted the proceedings by using very offe intemperate and abusive language at a high pitch. One of the petitioners had gone t0| extent of saying that the Judges should be jailed for having initiated proceedings against them and that the Judges should be punished for not taking care of their fundamental rights. One of the writ petitioners, namely, Dr. Sari taParikh, went to the extent of thrqwjr, a footwear at the Judges. This happened in the presence of the learned Solicitor Genera of India (now Attorney General for India), two learned Additional Solicitor Generals and a large number of learned Counsel and Advocates, including the President of the Supreme Court Advocates-on-Record Association. Since the petitioners stood by what they had said and done in Court, His Lordship Dr. Justice Pasayat felt that there was no need to"iS'SUSi any notice and holding them to be guilty of criminal contempt of this Court, inflicted a* punishment of three months ' simple imprisonment on them. Having regard to the difference of opinion as to the procedure to be adopted before the petitioners could be found guiMi of contempt of Court and sentenced, the matter was directed to be placed before Hon&e^ The Chief Just ice of India and a direction was given that the Contemnors would remain is § custody till the matter could be heard by an appropriate Bench.
On the same day the Hon'ble Chief Just ice constituted a Bench comprising the HonjII Mr. Justice B. N. Agrawal (as His Lordship then was), the Hon'ble Mr. Just ice G. S. Singhvr and the Hon'ble Mr. Jus t ice H. L. Dattu and directed the matter to be placed before the said Bench on 23.3.2009 at 2.00 p.m. In the meantime, the alleged Contemnors were enlarged on Bail and the Application for Intervention filed by the Supreme Court Bar Association was .
allowed. On 15.4.2009, the matters were released by the aforesaid Bench and were subsequently placed before this Bench. On 16.7.2009, when the two differing Orders daMJ
20.3.2009, in the Contempt Proceedings were taken up for consideration, the alleged- Contemnors refused to make any submissions and insisted that the hearing of the Writ~ Petitions, which had already been concluded, be reopened. It was held that as far as the suo motu proceedings for contempt are concerned, the Supreme Court was of the view that Dr. Just ice Arijit Pasayat was well within his jurisdiction in passing a Summary Order, having regard to the provisions of Articles 129 and 142 of the Constitution of India. Section?
14 of the Contempt of Courts Act, 1971 does not preclude the Court from taking recourse* to summary proceedings when a deliberate and willful contumacious incident takes pl^d§.
in front of their eyes and the public at large, including Senior Law Officers, such as-ill Attorney General for India who was then the Solicitor General of India.
Section 14 of the Contempt of Courts Act no doubt contemplates issuance of notice and an opportunity to the Contemnors to answer the charges in the notice to satisfy the principles of natural justice. However, where an incident of the instant nature takes place within the presence and sight of the learned Judges, the same amounts to contempt in the;'
face of the Court and is required to be dealt with at the time of the incident itself. This is,/ necessary for the dignity and majesty of the Courts to be maintained. When an object, s i f t as a footwear, is thrown at the Presiding Officer in a Court proceeding, the object is'jffll to merely scandalize or humiliate the Judge, but to scandalize the institution itself arm!
thereby lower its dignity in the eyes of the public. In the instant case, after being given an| opportunity to explain their conduct, not only have the Contemnors shown no remorse fay their unseemly behaviour, but they have gone even further by filing a fresh Writ Petition* in which apart from repeating the scandalous remarks made earlier, certain new dimen sions in the use of unseemly and intemperate language have been resorted to furthegj denigrate and scandalize and over-awe the Court. The writ proceedings have been t a | H | ' in gross abuse of the process of Court, with the deliberate and willful intention of lowerfjj the image and dignity not only of the Court and the judiciary, but to vilify the highest constitutional functionaries.
The Secretary General is directed to take the Contemnors into custody forthwith andj to arrange to have them sent to the appropriate jail to serve out the sentence. The arrest'::
warrants be issued against Leila David and Pavithra Murali, who are not present in GQUEC Criminal Manual 451 "today, despite our directions. The Commissioner of Police, Mumbai, is directed to take steps to execute the arrest warrants and to take them into custody and to arrange for their detention in prison in terms of the Order passed on 20.3.2009.- Leila David v. State of Maharashtra & Ors., 2009 (10) SCC 337 : AIR 2010 SC 862 : 2009 AIR (SCW) 6777 :
-2009 (7) Supreme 154 : 2009 (13) JT 520 (SC) : 2009 (13) Scale 351 : 2010 (2) AIR IfpHr. R. 266 (SC) : 2009 (3) Bom.C.R. (Cri.) 449 (SC).
Criminal contempt : Dress Code of Advocates : Appearance in person in robes of "Advocate : Use of language casting persons : Breaching decorum of Court : Sec.30, Sec.34 and Sec.49 of the Advocates Act, 1961 : Sec. 12, Sec. 13 and Sec .23 of the pmtempt of Courts Act, .1971 : Rule 1 of the Bom. HC (AS) Rules, 1960 :- The Contemnor facing Show Cause Notice for having committed criminal contempt. The fundamental right to profession is not an absolute right. The right to appear in Advocate's ; robes before the Court is a statutory right available only to a person who appears in his 'capacity as Advocate for any other party or litigant and not in his own cause. When Advocate "mhiself is facing contempt action for his own acts of commission and omission he would appear before the Court in his individual capacity and not as an Advocate. The Practicing Advocate is not expected to appear as Advocate in his own cause. The Contemnor cannot be allowed to appear in Advocates' robes. The Respondent insisted that his matter should the taken up forthwith even though the matter did not pertain to the work which was .assigned to the Learned Judge under the roster of work. The Respondent used language in Court, which was most improper and hjs was obstructive and rowdy. His entire behaviour fas manifestly against the decorum of the Court. Kind of ut terances not only tend to lower l n r\ t* nr^ri p.f. th«e Court bu.ta.lao tend to oCcUiuctli^c the Court. The Aces complained oi do not fall in any of the excepted category. The case of conscious attempt of committing "contempt on the face of the Court. A sufficient opportunity was given to the Respondent/ Contemnor to tender unconditional apology. The Respondent/Contemnor has not only shown disinclination to tender apology, much less, unconditional apology, but has justified -his conduct and behaviour. The Respondent/Contemnor held guilty of criminal contempt K d is sentenced him for four months. The Respondent/Contemnor shall not be entitled to appear before High Court or any other subordinate Court until he purges of the contempt committed by him.- High Court on its own Motion v. N. B. Deshmukh, 2 0 1 1 All MR 381 (Cri) 2011 (113) Bom.L.R. 171 : 2011 (2) Mh.L.J. 273 .
• I P http://bu.ta.lao