9911796707
TMI Blog2000 (2) TMI 831X X X X Extracts X X X X X X X X Extracts X X X X ..... f Allahabad seeking a writ or direction commanding the respondents not to dispossess or interfere with the possession of the appellant. On 19.12.1986 Shri A.K. Mohiley, the learned counsel appearing on behalf of the respondents gave an undertaking before the Court in the following terms : Shri A.K. Mohiley, counsel for Nagar Mahapalika, Allahabad undertakes before us that the Nagar Mahapalika will not disturb or demolish the construction in question made by the petitioner till the disposal of the Writ Petition. The undertaking is placed on record. The application accordingly dismissed. According to the appellant, the employees of the respondents demolished the appellant's construction in the morning of 11.1.1987. The appellant moved an application before the Court seeking initiation of proceedings under Section 12 of the Act against the respondents. On 15.1.1987 the Court passed the following order :- Issue show cause notice to opposite parties as to why contempt proceedings should not be initiated against them for defiance of order dated 19.12.1986 passed by this court in civil writ petition no.20471 of 1988, O.P. Jaiswal Vs. Nagar Mahapalika and others. List it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs for contempt' is not defined in the Act. Words and Phrases, (Permanent Edition) defines `initiate' to mean -an introductory step or action, a first move; beginning; start, and `to initiate' as meaning - to commence. Black's Law Dictionary (Sixth Edition) defines `initiate' to mean commence; start; originate; introduce; inchoate. In Section 20, the word `initiate' qualifies `any proceedings for contempt'. It is not the initiation of just any proceedings; the proceedings initiated have to be proceedings for contempt. The expression was dealt with by this Court in Baradakanta Mishra Vs. Mr.Justice Gatikrushna Misra, CJ of the Orissa High Court AIR 1974 SC 2255. It was held:- It is only when the court decides to take action and initiates a proceeding for contempt that it assumes jurisdiction to punish for contempt. The exercise of the jurisdiction to punish for contempt commences with the initiation of a proceeding for contempt, whether suo motu or on a motion or a reference. That is why the terminous a quo for the period of limitation provided in Section 20 is the date when a proceeding for contempt is initiated by the Court. Several decisions of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by Court. On receiving any such document it is usual with the Courts to commence some proceedings by employing an expression such as `admit', `rule', `issue notice' or `issue notice to show cause why proceedings for contempt be not initiated'. In all such cases the notice is issued either in routine or because the Court has not yet felt satisfied that a case for initiating any proceedings for contempt has been made out and therefore the Court calls upon the opposite party to admit or deny the allegations made or to collect more facts so as to satisfy itself if a case for initiating the proceedings for contempt was made out. Such a notice is certainly anterior to initiation. The tenor of the notice is itself suggestive of the fact that in spite of having applied its mind to the allegations and the material placed before it the Court was not satisfied of the need for initiating proceedings for contempt; it was still desirous of ascertaining facts or collecting further material whereon to formulate such opinion. It is only when the Court has formed an opinion that a prima facie case for initiating proceedings for contempt is made out and that the respondents or the al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er there is no other mode which is not open to the objection of arbitrariness and which can be brought to bear upon the subject. I say that a Judge should be most careful to see that the cause cannot be fairly prosecuted to a hearing, unless this extreme mode of dealing with persons brought before him on accusations of contempt should be adopted. I have myself had on many occasions to consider this jurisdiction, and I have always thought that, necessary though it may be, it is necessary only in the sense in which extreme measures are sometimes necessary to preserve men's rights, that is if no other pertinent remedy can be found, probably that will be discovered after consideration to be the true measure of the exercise of the jurisdiction. The jurisdiction to punish for contempt is summary but the consequences are serious. That is why the jurisdiction to initiate proceedings in contempt as also the jurisdiction to punish for contempt in spite of a case of contempt having been made out are both discretionary with the Court. Contempt generally and criminal contempt certainly is a matter between the Court and the alleged Contemnor. No one can compel or demand as of right initi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acts and material placed before it and had formed an opinion that a case for initiating proceedings for contempt was made out. Need for issuance of such notices was conceded to by the Advocate General as also by the counsel for the respondents. That is why it directed the respondents to be called upon to show cause why they be not punished for disobedience of the order of the Court. The proceedings were therefore initiated on 6.1.1988 and were within the limitation prescribed by Section 20 of the Act. The impugned order directing dropping of the proceedings is based on an erroneous view of Section 20 of the Act and hence is liable to be set aside. The appeal is allowed, the impugned order is set aside. The proceedings are restored to the file of the High Court which shall hear the parties and then proceed ahead in accordance with law. Before parting, we may make it clear that during the course of hearing we had asked the learned counsel for the parties about the result of the main writ petition wherein the undertaking was given on behalf of the respondents. The learned counsel for the parties were not duly instructed to assist this Court on this aspect. The findings arrived a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
