Case Note & Summary
The complainant filed a contempt petition under Sections 10 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, alleging willful disobedience of an order dated 27.06.2019 passed by the Karnataka Appellate Tribunal (KAT) in Appeal No.65/2019. The complainant argued that the KAT, established under the Karnataka Appellate Tribunal Act, 1976, is subordinate to the High Court and has all the trappings of a court, relying on the Supreme Court decision in Brajnandan Sinha vs. Jyoti Narain (AIR 1956 SC 66). The High Court, however, held that the Constitution makes a distinction between Courts and Tribunals. Section 10 of the Contempt of Courts Act, 1971 empowers the High Court to punish contempts of subordinate courts, not tribunals. The KAT is a Tribunal, not a Court, and therefore the High Court lacks jurisdiction to entertain a contempt petition for alleged disobedience of its order. The petition was dismissed as not maintainable.
Headnote
A) Contempt of Courts Act, 1971 - Section 10 - Subordinate Court - Tribunal - The High Court has no jurisdiction to punish for contempt of an order passed by the Karnataka Appellate Tribunal (KAT) as the KAT is not a 'Court' subordinate to the High Court under Section 10 of the Contempt of Courts Act, 1971. The Constitution distinguishes between Courts and Tribunals, and the KAT, established under the Karnataka Appellate Tribunal Act, 1976, is a Tribunal and not a Court. (Paras 4-5) B) Contempt of Courts Act, 1971 - Section 10 - Power of High Court - The power of the High Court under Section 10 is limited to contempts of courts subordinate to it, and does not extend to contempts of tribunals. The Karnataka Appellate Tribunal, being a Tribunal, is not a court subordinate to the High Court. (Para 5) C) Karnataka Appellate Tribunal Act, 1976 - Tribunal vs. Court - The Karnataka Appellate Tribunal, though having trappings of a court, is a Tribunal and not a Court. The High Court cannot exercise contempt jurisdiction over its orders. (Para 5)
Issue of Consideration
Whether the Karnataka Appellate Tribunal (KAT) is a 'Court' subordinate to the High Court within the meaning of Section 10 of the Contempt of Courts Act, 1971, so as to enable the High Court to punish for contempt of its orders.
Final Decision
The contempt petition is dismissed as not maintainable. The High Court has no jurisdiction to punish for contempt of an order passed by the Karnataka Appellate Tribunal as it is not a 'Court' subordinate to the High Court under Section 10 of the Contempt of Courts Act, 1971.
Law Points
- Contempt of Courts Act
- 1971
- Section 10
- Section 11
- Karnataka Appellate Tribunal Act
- 1976
- Tribunal not a Court
- High Court jurisdiction
- subordinate court
- contempt of tribunal
