Case Note & Summary
The Petitioner filed a contempt petition alleging breach of an order dated 29th May 2007 passed by the First Appellate Authority and Deputy Commissioner of Police, Circle-III, Mumbai under the Right to Information Act, 2005. The order directed the provision of copies of certain documents to the Petitioner. The core legal issue was whether the First Appellate Authority under the RTI Act constitutes a 'Court' within the meaning of Section 2(b) of the Contempt of Courts Act, 1971, which defines civil contempt as willful disobedience to any judgment or order of a Court. The Petitioner's counsel argued that the Appellate Authority has all the trappings of a Court, including adjudicatory powers and the right to penalize for breach of its orders, and relied on the Full Bench decision of the Gujarat High Court in Shaikh Mohammedbhikhan Hussainbhai v. Manager, Chandrabhanu Cinema. The Court, however, held that the Appellate Authority under the RTI Act is not a Court for the purposes of the Contempt of Courts Act, 1971, as it does not possess all the essential characteristics of a Court, such as the power to punish for contempt. Consequently, the contempt petition was dismissed.
Headnote
A) Contempt of Court - Civil Contempt - Definition of Court - Section 2(b) of Contempt of Courts Act, 1971 - The issue was whether the First Appellate Authority under the Right to Information Act, 2005 is a Court for the purpose of contempt proceedings. The Court held that the Appellate Authority does not have all the trappings of a Court and is not a Court under the Contempt of Courts Act, 1971. The contempt petition was dismissed. (Paras 1-3) B) Right to Information Act, 2005 - Appellate Authority - Powers - Section 19 of Right to Information Act, 2005 - The Petitioner argued that the Appellate Authority has adjudicatory powers and trappings of a Court. The Court rejected this argument, noting that the Authority does not have the power to punish for contempt and is not a Court. (Paras 2-3)
Issue of Consideration
Whether an Appellate Authority under the Right to Information Act, 2005 is a Court within the meaning of the Contempt of Courts Act, 1971.
Final Decision
The contempt petition was dismissed as the First Appellate Authority under the Right to Information Act, 2005 is not a Court within the meaning of the Contempt of Courts Act, 1971.
Law Points
- First Appellate Authority under Right to Information Act
- 2005 is not a Court under Contempt of Courts Act
- 1971
- Section 2(b) of Contempt of Courts Act
- 1971 defines civil contempt as willful disobedience to any judgment or order of a Court
- Section 19 of Right to Information Act
- 2005 provides for appeal to Appellate Authority
- Trappings of a Court test for determining whether a body is a Court
