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TMI Blog2011 (4) TMI 1481X X X X Extracts X X X X X X X X Extracts X X X X ..... es and surmises. The analysis of affidavits of the Inspector of Police, Assistant Commissioner and Deputy Commissioner of Police show that there is no acceptable material that the affidavit containing wrong information filed by Respondent No. 2 for cancellation of bail and stay of bail order was made at the instance of the Commissioner of Police. We have already pointed out that the appellant has assumed charge as the Commissioner of Police only on 17.05.2001 i.e. after formation of the new government. The violence in respect of election that took place on 10.05.2001, particularly, the incident relating to Respondent No. 1 was one week before his taking over charge as Commissioner of Police. When a city like Chennai is managed by several police officers from the level of police constable to the Commissioner of Police, in the absence of specific reference about consultation with the Commissioner of Police or direction to the two officers, namely, Assistant Commissioner of Police and Deputy Commissioner of Police merely because both of them attended the office of the Public Prosecutor for preparation of an application for cancellation of bail based on the affidavit of the Inspector o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ai in the Elections held on 10.05.2001 to the Tamil Nadu State Legislative Assembly. Large scale violence and several attempts of booth capturing were reported on the day of election. In respect of the same, Crime No. 958 of 2001 was registered against his opposite party candidate John Pandian and others for various offences. Similarly, Crime No. 960 of 2001 was registered against Respondent No. 1 by one David for various offences. John Pandian was arrested on 10.05.2001 and remanded to judicial custody. Respondent No. 1 filed an application for anticipatory bail being Crl. M.P. No. 6244 of 2001 before the Sessions Court, Chennai and the same was dismissed on 16.05.2001 stating that the investigation is at an early stage and enlargement would hamper the investigation. (b) On 17.05.2001, Respondent No. 1 was arrested and remanded to judicial custody. On the same day, Muthu Karuppan-the appellant herein was appointed as Commissioner of Police, Greater Chennai City and assumed charge. On 21.05.2001, Respondent No. 1 moved an application for bail being Crl. M.P. No. 1379 of 2001 before the XIV Metropolitan Magistrate which was dismissed on the same day. On 22.05.2001, Respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... footing. 3) Heard Mr. A.K. Ganguli, learned senior counsel for the appellant and Mr. Altaf Ahmed, learned senior counsel for respondent No.1 and Mr. S. Ravi Shankar, learned counsel for respondent No.2. 4) Before going into the correctness or otherwise of the impugned order of the Division Bench punishing the appellant for the offence under Section 2(c) of the Act and sentencing him under Section 12 of the Act to undergo simple imprisonment for 7 days, it is useful to refer the facts leading to initiation of contempt proceeding. It is the grievance of Respondent No. 1 that after the grant of bail, Respondent No. 2 filed a false affidavit in Criminal O.P. No. 9352 of 2001 that the police custody had been ordered by the XIV Metropolitan Magistrate on 23.05.2001, based on which, the learned single Judge of the High Court stayed the order of grant of bail passed in favour of Respondent No. 1. After preliminary examination, the Division Bench, by order dated 20.06.2001, issued notice to Respondent No. 2 herein to show cause as to why contempt proceeding against him should not be initiated for having made false statement with intent to mislead the Court. In the same proceeding, the Di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... beneficial order from the court. There must be grounds of a nature higher than mere surmise or suspicion for initiating such proceedings. There must be distinct evidence of the commission of an offence by such a person as mere suspicion cannot bring home the charge of making false statement, more so, the court has to determine as on facts whether it is expedient in the interest of justice to enquire into offence which appears to have been committed. 9) The contempt proceedings being quasi criminal in nature, burden and standard of proof is the same as required in criminal cases. The charges have to be framed as per the statutory rules framed for the purpose and proved beyond reasonable doubt keeping in mind that the alleged contemnor is entitled to the benefit of doubt. Law does not permit imposing any punishment in contempt proceedings on mere probabilities, equally, the court cannot punish the alleged contemnor without any foundation merely on conjectures and surmises. As observed above, the contempt proceeding being quasi criminal in nature require strict adherence to the procedure prescribed under the rules applicable in such proceedings. 10) In exercise of the powers confer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a party obtains consent subsequent to filing of the petition, it would not cure the initial defect and thus, the petition would not become maintainable. 12) In Bal Thackrey vs. Harish Pimpalkhute & Anr., AIR 2005 SC 396, this Court held that in absence of the consent of the Advocate General in respect of a criminal contempt filed by a party under Section 15 of the Act, taking suo motu action for contempt without a prayer, was not maintainable. 13) However, in Amicus Curiae vs. Prashant Bhushan and Anr., (2010) 7 SCC 592, this Court has considered the earlier judgments and held that in a rare case, even if the cognizance is deemed to have been taken in terms of Rule 3(c) of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, without the consent of the Attorney General or the Solicitor General, the proceedings must be held to be maintainable in view of the fact that the issues involved in the proceedings had far reaching greater ramifications and impact on the administration of justice and on the justice delivery system and the credibility of the court in the eyes of general public. 14) It is clear from the recent decision of this Court in Prashant Bhushan&# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led a counter affidavit praying for vacation of the stay granted by the High Court. On 29.05.2001, Respondent No. 2 filed his reply affidavit submitting that on 23.05.2001 application seeking police custody of other 8 accused were made and in the affidavit filed in support of the petition to cancel the bail, by oversight, it was mentioned that police custody was also obtained in respect of the Respondent No. 1. He also conveyed to the court that it is a mistake by oversight and the same is neither willful nor wanton. On going through the material placed, the learned Single Judge, by order dated 30.05.2001, dismissed Crl. O.P. No. 9352 of 2001 filed by Respondent No. 2 to cancel the bail granted to the first respondent by the Sessions Judge. 16) The Division Bench, based on the materials placed by Respondent Nos. 1 and 2 concluded that Respondent No. 2 has filed a false affidavit knowing well the contents of the same are false in order to mislead the court for preventing the petitioner therein, an MLA, from coming out of the jail thereby restrained him from attending the Assembly. Though Respondent No. 2 filed Crl. Appeal No. 1500 of 2004, the same was dismissed by this Court on 05 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Commissioner of Police with reference to certain standing orders issued by the Government. There is no dispute that the Commissioner of Police being Head of the Police Force of the City, if he comes across the arrest/release of an elected MLA, he is duty bound to inform the Speaker as well as the Government. However, it is his definite case and asserted that he was not aware of the information furnished by Respondent No. 2 for cancellation of bail granted by the Sessions Judge and the ultimate stay order passed by the High Court. 19) In order to refute the claim of the Commissioner of Police, the Division Bench heavily relied on the presence of K. Anthonisamy, Assistant Commissioner of Police and C. Chandrasekar, Deputy Commissioner of Police in the office of the Public Prosecutor along with Respondent No. 2 who filed an affidavit praying for cancellation of the bail. It is true that both Assistant Commissioner of Police and Deputy Commissioner of Police in their respective affidavits admitted their presence in the office of the Public Prosecutor and their interaction with one Mr. Raja, the then government counsel. It is relevant to refer the information furnished in the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent No. 2 earlier. It is also seen that pursuant to the said direction of the Commissioner of Police, the Deputy Commissioner of Police instructed one K. Anthonisamy, Assistant Commissioner of Police to see that proper affidavit is filed by the Inspector concerned before the High Court explaining the circumstances under which the mistake appeared in the affidavit filed on earlier occasion. Pursuant to the notice by the Division Bench of the High Court, C. Chandrasekar, Deputy Commissioner of Police at Triplicane also filed an affidavit to the effect that after knowing the grant of bail by the Principal Sessions Judge, Chennai releasing Respondent No. 1 after considering seriousness of the case and after discussion with "superior officers" it has been decided to move an application for cancellation of the bail in the High Court. The Division Bench relying on the statement of the above officer concluded that the Commissioner of Police was consulted and it was he who instructed the subordinate Police Officers to move an application for stay of grant of bail. Though in para 4, the deponent of the affidavit, namely, C. Chandrasekar has mentioned that "after discussio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i.e. in 2001, the office of the Commissioner of Police was headed by him and there were 4 Joint Commisioners of Police, 15 Deputy Commissioners of Police, 64 Assistant Commissioners of Police besides 235 Inspectors of Police including SHOs of 83 Police Stations, 6 out posts and under whom there were 803 Sub-Inspectors of police and Spl. Sub-Inspectors and 9665 Head Constables and Police Constables. It is further brought to our notice that the City of Chennai is divided into six districts and each one of them is headed by Deputy Commissioner of Police of the rank of Superintendent of Police. It is also clear that when the information about mentioning wrong statement in the affidavit filed by Respondent No. 2 against the grant of bail order was brought to the notice of the appellant on 28.05.2001 by Deputy Commissioner of Police, namely, Christopher Nelson, the appellant herein immediately asked him to direct Respondent No.2 to file proper affidavit before the High Court and clarify the matter by placing proper facts. It is also clear from the affidavit of the government counsel E. Raja that he himself drafted the affidavit purely on the instructions of Respondent No. 2 and that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Inspector of Police, it cannot be presumed and concluded that the appellant was responsible for giving incorrect information by Respondent No. 2 before the High Court. 23) We have already pointed out that while dealing with criminal contempt in terms of Section 2(c) of the Act, strict procedures are to be adhered. In a series of decisions, this Court has held that jurisdiction to initiate proceedings for contempt as also the jurisdiction to punish for contempt are 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 initiation of proceedings for contempt. The person filing an application or petition before the court does not become a complainant or petitioner in the proceedings. He is just an informer or relator. His duty ends with the facts being brought to the notice of the court. It is thereafter for the court to act on such information or not. [Vide Om Prakash Jaiswal vs. D.K. Mittal, (2000) 3 SCC 171] Further Section 15 of the Act as well as the Madras High Court Contempt of Court Rules insist that, particularly, for initiation of criminal contempt, con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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