Case Note & Summary
The case involved a contempt petition filed by an advocate against a Member of the Board of Revenue, U.P., alleging abusive conduct during court proceedings. The High Court had taken suo motu cognizance of the contempt, which led to an appeal challenging the High Court's jurisdiction to act without a formal reference or motion from the Advocate-General as stipulated in Section 15(2) of the Contempt of Courts Act, 1971. The Supreme Court examined the provisions of the Act and the constitutional powers of the High Court as a court of record. It concluded that the High Court is not restricted from taking suo motu action in cases of contempt of subordinate courts, emphasizing that such powers are preserved under Articles 129 and 215 of the Constitution. The court noted that the High Court could act on its own motion if it is satisfied that the information regarding contempt is not frivolous. The appeal was dismissed, and the case was sent back to the High Court for further proceedings, with the Supreme Court clarifying that its judgment should not be construed as a comment on the merits of the allegations made against the appellant.
Headnote
A) Contempt of Court - Suo Motu Cognizance - High Court's Power - Contempt of Courts Act, 1971, Section 15(2) - The High Court retains the power to take suo motu cognizance of contempt of a subordinate court, despite the absence of a reference from the subordinate court or a motion by the Advocate-General. The court held that the legislative intent does not restrict this power, allowing the High Court to act on its own motion when necessary (Paras 339-340).
Issue of Consideration
Whether the High Court can take suo motu cognizance of contempt of a subordinate court without a reference from the subordinate court or a motion by the Advocate-General.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's jurisdiction to take suo motu cognizance of contempt of a subordinate court under Section 15(2) of the Contempt of Courts Act, 1971.
Law Points
- Suo motu cognizance
- contempt of subordinate court
- High Court powers
- Contempt of Courts Act
- 1971
- Section 15(2)
- judicial discretion
