Case Note & Summary
The complainant, Sri Shamshuddin, filed a contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, alleging that the accused, Sri Haris M.Y., had willfully disobeyed an order dated 24th February 2016 passed by the High Court of Karnataka in W.P.No.8589/2016 (GM-WAKF). The complainant claimed that the accused had forcefully collected Hundi amount, money, and gifts from devotees in violation of the said order. The court examined the preliminary issue of maintainability. It noted that the complainant was not a party to W.P.No.8589/2016. The court held that a contempt petition for violation of an order can only be filed by a party to the proceedings in which the order was passed, or by the court suo motu. A third party has no locus standi to initiate contempt proceedings. Consequently, the court dismissed the contempt petition as not maintainable, without going into the merits of the alleged violation.
Headnote
A) Contempt of Court - Locus Standi - Third Party - Sections 11 & 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India - A contempt petition filed by a person who is not a party to the proceedings in which the order was passed is not maintainable. The court held that only a party to the proceedings or the court suo motu can initiate contempt for violation of its order. The complainant, who was not a party to W.P.No.8589/2016, lacked locus standi to file the contempt petition. (Para 2)
Issue of Consideration
Whether a third party who is not a party to the proceedings in which the order was passed can maintain a contempt petition for alleged violation of that order.
Final Decision
The contempt petition is dismissed as not maintainable. The court held that a third party cannot initiate contempt proceedings for violation of an order to which it was not a party.
Law Points
- Contempt of Courts Act
- 1971
- Sections 11 & 12
- Article 215 of the Constitution of India
- locus standi
- third party
- maintainability
- jurisdiction
Case Details
2016 LawText (KAR) (11) 23
H.G.Ramesh, K.N.Phaneendra
Sri Vivek S.Reddy, Senior Counsel for Sri Rajaram S, Advocate
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Nature of Litigation
Contempt of court proceedings for alleged willful disobedience of an order passed by the High Court in a writ petition.
Remedy Sought
The complainant sought initiation of contempt proceedings against the accused for violating the order dated 24th February 2016 in W.P.No.8589/2016, and a direction to the accused to refund the amount collected by him to the Wakf institution.
Filing Reason
The complainant alleged that the accused forcefully collected Hundi amount, money, and gifts from devotees in violation of the court order.
Previous Decisions
An order dated 24th February 2016 was passed by the High Court in W.P.No.8589/2016 (GM-WAKF). The complainant was not a party to that writ petition.
Issues
Whether a third party who is not a party to the proceedings in which the order was passed can maintain a contempt petition for alleged violation of that order.
Submissions/Arguments
The complainant argued that the accused had willfully disobeyed the court order by collecting funds from devotees.
The court raised the preliminary issue of maintainability, noting that the complainant was not a party to the writ petition.
Ratio Decidendi
A contempt petition for violation of an order can only be filed by a party to the proceedings in which the order was passed, or by the court suo motu. A third party has no locus standi to initiate contempt proceedings under Sections 11 & 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India.
Judgment Excerpts
Whether a third party who is not a party to the proceedings in which the order was passed can maintain a contempt petition for alleged violation of that order?
In my opinion, a contempt petition for violation of an order can be filed only by a party to the proceedings in which the order was passed or by the court suo motu. A third party has no locus standi to file a contempt petition.
Procedural History
The complainant filed CCC No.1149/2016 under Sections 11 & 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, alleging violation of an order dated 24th February 2016 passed in W.P.No.8589/2016. The court heard the matter on 9th November 2016 and dismissed the petition on the ground of maintainability.
Acts & Sections
- Contempt of Courts Act, 1971: 11, 12
- Constitution of India: 215
