9911796707
|
Home
Issues:
Contempt of court - Procedure followed by the court - Transfer of proceedings to principal seat of High Court Analysis: The judgment involves a batch of criminal appeals arising from an order by the Division Bench of the Allahabad High Court, Lucknow Bench, finding the appellants guilty under the Contempt of Courts Act. The appellants were sentenced to imprisonment for one month and a fine. The incident leading to the contempt proceedings involved the appellants entering the court room, raising slogans, and attempting to manhandle the judges, which forced the court to retire temporarily. The High Court found the appellants guilty of contempt, leading to the imposition of the aforementioned sentence. The appellants challenged the High Court's order, primarily on the ground that the court did not follow the prescribed procedure. The appellants argued that they were not given a reasonable opportunity to be heard before the order was passed. The appellants cited Section 14 of the Contempt of Courts Act, 1971, and Chapter XXXV-E of the Allahabad High Court Rules, emphasizing the importance of natural justice and the need for a fair hearing before a contempt order is issued. Upon hearing the arguments, the Supreme Court found that the High Court had indeed not followed the proper procedure while passing the impugned order. The Supreme Court emphasized that while the High Court has the jurisdiction to address contempt under Article 215 of the Constitution, such jurisdiction must be exercised in accordance with the prescribed legal procedure. Therefore, the Supreme Court set aside the High Court's order and decided to transfer the contempt proceedings to the principal seat of the Allahabad High Court in Allahabad to ensure a fair and just resolution. In conclusion, the Supreme Court partially allowed the criminal appeals, remitting the proceedings to the principal seat of the Allahabad High Court. The Court requested the Chief Justice of the Allahabad High Court to nominate a bench to hear and dispose of the contempt proceedings, following the prescribed rules. The High Court was urged to expedite the case and dispose of it within six months from the date of receipt of the Supreme Court's order.
|
