(1) This Act may be called the Contempt of Courts Act, 1971.
(2) It extends to the whole of India:
PROVIDED that it shall not apply to the State of Jammu and Kashmir except to the extent to which the provisions of this Act relate to contempt of the Supreme Court.
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires-
(a) "contempt of court" means civil contempt or criminal contempt;
(b) "civil contempt" means wilful disobedience to any judgement, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court;
(c) "criminal contempt" means the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which-
(i) scandalises, or tends to scandalise, or lowers or tends to lower the authority of, any court; or
(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or
(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner;
(d) "High Court" means the High Court for a State or a Union territory, and includes the court of the Judicial Commissioner in any Union territory.
SECTION 03: INNOCENT PUBLICATION AND DISTRIBUTION OF MATTER NOT CONTEMPT
(1) A person shall not be guilty of contempt of court on the ground that he has published (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) any matter which interferes or tends to interfere with, or obstructs, or tends to obstruct, the course of justice in connection with any civil or criminal proceeding pending at that time of publication, if at that time he had no reasonable grounds for believing that the proceeding was pending.
(2) Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, the publication of any such matter as is mentioned in sub-section (1) in connection with any civil or criminal proceeding which is not pending at the time of publication shall not be deemed to constitute contempt of court.
(3) A person shall not be guilty of contempt of court on the ground that he has distributed a publication containing any such matter as is mentioned in sub-section (1), if at the time of distribution he had no reasonable grounds for believing that it contained or was likely to contain any such matter as aforesaid :
PROVIDED that this sub-section shall not apply in respect of the distribution of-
(i) any publication which is a book or paper printed or published otherwise than in conformity with the rules contained in section 3 of the Press and Registration of Books Act, 1867, (25 of 1867);
(ii) any publication which is a newspaper published otherwise than in conformity with the rules contained in section 5 of the said Act.
Explanation: For the purposes of this section, a judicial proceeding-
(a) is said to be pending-
(A) in the case of a civil proceeding, when it is instituted by the filing of a plaint or otherwise,
(B) in the case of a criminal proceeding under the Code of Criminal Procedure, 1898 (5 of 1898)1, or any other law-
(i) where it relates to the commission of an offence, when the chargesheet or challan is filed, or when the court issues summons or warrant, as the case may be, against the accused, and
(ii) in any other case, when the court takes cognizance of the matter to which the proceeding relates, and
in the case of a civil or criminal proceeding, shall be deemed to continue to be pending until it is heard and finally decided, that is to say, in a case where an appeal or revision is competent, until the appeal or revision is heard and finally decided or, where no appeal or revision is preferred, until the period of limitation prescribed for such appeal or revision has expired.
(b) which has been heard and finally decided shall not be deemed to be pending merely by reason of the fact that proceedings for the execution of the decree, order or sentence passed therein are pending.
SECTION 04: FAIR AND ACCURATE REPORT OF JUDICIAL PROCEEDING NOT CONTEMPT
Subject to the provisions contained in section 7, a person shall not be guilty of contempt of court for publishing a fair and accurate report of a judicial proceeding or any stage thereof.
SECTION 05: FAIR CRITICISM OF JUDICIAL ACT NOT CONTEMPT
A person shall not be guilty of contempt of court for publishing any fair comment on the merits of any case which has been heard and finally decided.
SECTION 06: COMPLAINT AGAINST PRESIDING OFFICERS OF SUBORDINATE COURTS WHEN NOT CONTEMPT
A person shall not be guilty of contempt of court in respect of any statement made by him in good faith concerning the presiding officer of any subordinate court to-
(a) any other subordinate court, or
(b) the High Court,
to which it is subordinate.
Explanation: In this section, "subordinate court" means any court subordinate to a High Court.
SECTION 07: PUBLICATION OF INFORMATION RELATING TO PROCEEDING IN CHAMBERS OR IN CAMERA NOT CONTEMPT EXCEPT IN CERTAIN CASES
(1) Notwithstanding anything contained in this Act, a person shall not be guilty of contempt of court for publishing a fair and accurate report of a judicial proceeding before any court sitting in chambers or in camera except in the following cases, that is to say-
(a) where the publication is contrary to the provisions of any enactment for the time being in force;
(b) where the court, on ground of public policy or in exercise of any power vested in it, expressly prohibits the publication of all information relating to the proceeding or of information of the description which is published;
(c) where the court sits in chambers or in camera for reason connected with public order or the security of the State, the publication of information relating to those proceedings;
(d) where the information relates to a secret process, discovery or invention which is an issue in proceedings.
(2) Without prejudice to the provisions contained in sub-section (1), a person shall not be guilty of contempt of court for publishing the text or a fair and accurate summary of the whole or any part, of an order made by a court sitting in chambers or in camera, unless the court has expressly prohibited the publication thereof on grounds of public policy, or for reasons connected with public order or the security of the State, or on the ground that it contains information relating to a secret process, discovery or invention, or in exercise of any power vested in it.
SECTION 08: OTHER DEFENCES NOT AFFECTED
Nothing contained in this Act shall be construed as implying that any other defence which would have been a valid defence in any proceedings for contempt of court has ceased to be available merely by reason of the provisions of this Act.
SECTION 09: ACT NOT TO IMPLY ENLARGEMENT OF SCOPE OF CONTEMPT
Nothing contained in this Act shall be construed as implying that any disobedience, breach, publication or other act is punishable as contempt of court which would not be so punishable apart from this Act.
SECTION 10: POWER OF HIGH COURT TO PUNISH CONTEMPT OF SUBORDINATE COURTS
Every High Court shall have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempt of courts subordinate to it as it has and exercises in respect of contempt of itself:
PROVIDED that no High Court shall take cognizance of a contempt alleged to have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the Indian Penal Code (45 of 1860).
SECTION 11: POWER OF HIGH COURT TO TRY OFFENCES COMMITTED OR OFFENDERS FOUND OUTSIDE JURISDICTION
A High Court shall have jurisdiction to inquire into or try a contempt of itself or of any court subordinate to it, whether the contempt is alleged to have been committed within or outside the local limits of its jurisdiction, and whether the person alleged to be guilty of contempt is within or outside such limits.
SECTION 12: PUNISHMENT FOR CONTEMPT OF COURT
(1) Save as otherwise expressly provided in this Act or in any other law, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both:
PROVIDED that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court.
Explanation : An apology shall not be rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide.
(2) Notwithstanding anything contained in any law for the time being in force, no court shall impose a sentence in excess of that specified in sub-section (1) for any Contempt either in respect of itself or of a court subordinate to it.
(3) Notwithstanding anything contained in this section, where a person is found guilty of a civil contempt, the court , if it considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be detained in a civil prison for such period not exceeding six months as it may think fit.
(4) Where the person found guilty of contempt of court in respect of any undertaking given to a court is a company, every person who, at the time the contempt was committed, was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of each such person:
PROVIDED that nothing contained in this sub-section shall render any such person liable to such punishment if he proves that the contempt was committed without his knowledge or that he exercised all due diligence to prevent its commission.
(5) Notwithstanding anything contained in sub-section (4), where the contempt of court referred to therein has been committed by a company and it is proved that the contempt has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of such director, manager, secretary or other officer.
Explanation: For the purpose of sub-sections (4) and (5)-
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
SECTION 13: CONTEMPT NOT PUNISHABLE IN CERTAIN CASES
Notwithstanding anything contained in any law for the time being in force, no court shall impose a sentence under this Act for a contempt of court unless it is satisfied that the contempt is of such a nature that it substantially interferes, or tends substantially to interfere with the due course of justice.
SECTION 14: PROCEDURE WHERE CONTEMPT IS IN THE FACE OF THE SUPREME COURT OR A HIGH COURT
(1) When it is alleged, or appears to the Supreme Court or the High Court upon its own view, that a person has been guilty of contempt committed in its presence or hearing, the court may cause such person to be detained in custody, and, at any time before the rising of the court, on the same day, or as early as possible thereafter, shall-
(a) cause him to be informed in writing of the contempt with which he is charged;
(b) afford him an opportunity to make his defence to the charge;
(c) after taking such evidence as may be necessary or as may be offered by such person and after hearing him, proceed, either forthwith or after adjournment; to determine the matter of the charge; and
(d) make such order for the punishment or discharge of such person as may be just.
(2) Notwithstanding anything contained in sub-section (1), where a person charged with contempt under that sub-section applies, whether orally or in writing, to have the charge against him tried by some judge other than the judge or judges in whose presence or hearing the offence is alleged to have been committed, and the court is of opinion that it is practicable to do so and that in the interests of proper administration of justice the application should be allowed, it shall cause the matter to be placed, together with a statement of the facts of the case, before the Chief justice for such directions as he may think fit to issue as respects the trial thereof.
(3) Notwithstanding anything contained in any other law, in any trial of a person charged with contempt under sub-section (1) which is held, in pursuance of a direction given under sub-section (2), by a judge other than the judge or judges in whose presence or hearing the offence is alleged to have been committed, it shall not be necessary for the judge or judges in whose presence or hearing the offence is alleged to have been committed to appear as a witness and the statement placed before the Chief justice under sub-section (2) shall be treated as evidence in the case.
(4) Pending the determination of the charge, the court may direct that a person charged with contempt under this section shall be detained in such custody as it may specify:
PROVIDED that he shall be released on bail, if a bond for such sum of money as the court thinks sufficient is executed with or without sureties conditioned that the person charged shall attend at the time and place mentioned in the bond and shall continue to so attend until otherwise directed by the court:
PROVIDED FURTHER that the court may, if it thinks fit instead of taking bail from such person, discharge him on his executing a bond without sureties for his attendance as aforesaid.
SECTION 15: COGNIZANCE OF CRIMINAL CONTEMPT IN OTHER CASES
(1) In the case of a criminal contempt, other than a contempt referred to in section 14, the Supreme Court or the High Court may take action on its own motion or on a motion made by:-
(a) the Advocate-General, or
(b) any other person, with the consent in writing of the Advocate-General, 2[or]
2[(c)in relation to the High Court for the Union territory of Delhi, such Law Officer as the Central Government may, by notification in the Official Gazette, specify in this behalf, or any other person, with the consent in writing of such Law Officer.]
(2) In the case of any criminal contempt of a subordinate court, the High Court may take action on a reference made to it by the subordinate court or on a motion made by the Advocate-General or, in relation to a Union territory, by such Law Officer as the Central Government may, by notification in the Official Gazette, specify in this behalf.
(3) Every motion or reference made under this section shall specify the contempt of which the person charged is alleged to be guilty.
Explanation: In this section, the expression "Advocate-General" means-
(a) in relation to the Supreme Court, the Attorney-General or the Solicitor-General;
(b) in relation to the High Court, the Advocate-General of the State or any of the States for which the High Court has been established;
(c) in relation to the court of a judicial Commissioner, such Law Officer as the Central Government may, by notification in the Official Gazette, specify in this behalf.
SECTION 16: CONTEMPT BY JUDGE, MAGISTRATE OR OTHER PERSON ACTING JUDICIALLY
(1) Subject to the provisions of any law for the time being in force, a judge, magistrate or other person acting judicially shall also be liable for contempt of his own court or of any other court in the same manner as any other individual is liable and the provisions of this Act shall, so far as may be, apply accordingly.
(2) Nothing in this section shall apply to any observation or remarks made by a judge, magistrate or other person acting judicially, regarding a subordinate court in an appeal or revision pending before such judge, magistrate or other person against the order or judgement of the subordinate court.
SECTION 17: PROCEDURE AFTER COGNIZANCE
(1) Notice of every proceeding under section l5 shall be served personally on the person charged, unless the court for reasons to be recorded directs otherwise.
(2) The notice shall be accompanied-
(a) in the case of proceedings commenced on a motion, by a copy of the motion as also copies of the affidavits, if any, on which such motion is founded; and
(b) in case of proceedings commenced on a reference by a subordinate court, by a copy of the reference.
(3) The court may, if it is satisfied that a person charged under section 15 is likely to abscond or keep out of the way to avoid service of the notice, order the attachment of his property of such value or amount as it may deem reasonable.
(4) Every attachment under sub-section (3) shall be effected in the manner provided in the Code of Civil Procedure, 1908 (5 of 1908)1, for the attachment of property in execution of a decree for payment of a money, and if, after such attachment, the person charged appears and shows to the satisfaction of the court that he did not abscond or keep out of the way to avoid service of the notice, the court shall order the release of his property from attachment upon such terms as to costs or otherwise as it may think fit.
(5) Any person charged with contempt under section 15 may file an affidavit in support of the defence, and the court may determine the matter of the charge either on the affidavits filed or after taking such further evidence as may be necessary, and pass such order as the justice of the case requires.
SECTION 18: HEARING OF CASES OF CRIMINAL CONTEMPT TO BE BY BENCHES
(1) Every case of criminal contempt under section 15 shall be heard and determined by a Bench of not less than two judges.
(2) Sub-section (1) shall not apply to the Court of a Judicial Commissioner.
SECTION 19: APPEALS
(1) An appeal shall lie as of right from any order or decision of the High Court in the exercise of its jurisdiction to punish for contempt-
(a) where the order or decision is that of a single judge, to a Bench of not less than two judges of the court;
(b) where the order or decision is that of a Bench, to the Supreme Court:
PROVIDED that where the order or decision is that of the Court of the Judicial Commissioner in any Union territory, such appeal shall lie to the Supreme Court
(2) Pending any appeal, the appellate court may order that-
(a) the execution of the punishment or order appealed against be suspended;
(b) if the appellant is in confinement, he be released on bail; and
(c) the appeal be heard notwithstanding that the appellant has not purged his contempt.
(3) Where any person aggrieved by any order against which an appeal may be filed satisfies the High Court that he intends to prefer an appeal, the High Court may also exercise all or any of the powers conferred by sub-section (2).
(4) An appeal under sub-section (1) shall be filed-
(a) in the case of an appeal to a Bench of the High Court, within thirty days;
(b) in the case of an appeal to the Supreme Court, within sixty days, from the date of the order appealed against.
SECTION 20: LIMITATION FOR ACTIONS FOR CONTEMPT
No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed.
SECTION 21: ACT NOT TO APPLY TO NYAYA PANCHAYATS OR OTHER VILLAGE COURTS
Nothing contained in this Act shall apply in relation to contempt of Nyaya Panchayats or other villages courts, by whatever name known, for the administration of justice, established under any law.
SECTION 22: ACT TO BE IN ADDITION TO, AND NOT IN DEROGATION OF, OTHER LAWS RELATING TO CONTEMPT
The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law relating to contempt of courts.
SECTION 23: POWER OF SUPREME COURT AND HIGH COURTS TO MAKE RULES
The Supreme Court or, as may be, any High Court, may make rules, not inconsistent with the provisions of this Act, providing for any matter relating to its procedure.
SECTION 24: REPEAL
The Contempt of Courts Act, 1952 (32 of 1952), is hereby repealed.
1In exercise of the powers conferred by Sec. 23 of the CONTEMPT OF COURTS ACT, 1971 (70 OF 1971), read with Sec. 17 of the ADMINISTRATIVE TRIBUNALS ACT, 1985 (13 OF 1985)and all other powers enabling it in this behalf and in supersession of all rules on the subject, the Central Administrative Tribunal hereby makes the following rules to regulate the proceedings under the said Act.
RULE 01: SHORT TITLE AND COMMENCEMENT
- (i) These rules may be called the 'Contempt of Courts (CAT) Rules, 1992.'
(ii) They shall come into force on the date of their publication in the Official Gazette.
RULE 02: DEFINITIONS
-In these Rules unless there is anything repugnant to the subject context: -
(a) 'Act' means the Contempt of Courts Act, 1971 (Act 70 of 1971) ;
(b) 'Code' means the Code of Criminal Procedure;
(c) 'Form' means the form set out in the appendix to these rules ;
(d) 'Member' means a Member, whether 'Judicial' or Administrative' and includes Vice Chairman and Chairman;
(e) 'Registrar' means Registrar of the Central Adminsitrative Tribunal or its Benches where the contempt proceedings are taken and shall include Joint Registrar and Deputy Registrar, and the Section Officer authorised to discharge the functions of the Registrar;
(f) 'Section' means a section of the Act;
(g) 'Tribunal ' means the Central Administrative Tribunal constituted under the Administrative Tribunals Act, 1985 or the Bench thereof, where the proceedings are taken congnizance of;
(h) Words and expressions not defined in these rules shall have the same meaning as defined in the Act.
RULE 03: FORM OF MOTION
-Every motion for initiating action for contempt of the Tribunal shall be in the form of a petition described as 'Contempt Petition (Civil)' in respect of Civil Contempt and 'Contempt Petition (Criminal)' in respect of Criminal Contempt.
RULE 04: PARTIES TO THE PROCEEDINGS
-The party who presents the petition shall be described as the 'Petitioner' and the alleged contemner shall be described as the 'Respondent'.
RULE 05: CONTENTS OF THE PETITION
-The petition shall set out the following particulars :-
(i)
(a) Name (including as far as possible the name of the father/mother/husband) age, occupation and address of-
(i) the petitioner; and
(ii) the respondent.
If the alleged contemner is an officer, he shall be described by name and designation.
(b) provisions of the Act invoked and the nature of the contempt, 'Civil' or Criminal';
(c) the grounds and material facts constituting the alleged contempt including the date of alleged contempt, divided into paragraphs, numbered consecutively, alongwith supporting documents or certified/Photostat (attested) copies of the originals thereof;
(d) the nature of the order sought from the Tribunal ;
(e) if a petition has previously been made by him on the same facts, the details, particulars and the result thereof;
(f) the petition shall be supported by an affidavit verifying the facts relied upon except when the motion is by the Attorney General or the Solicitor General or the Additional Solicitor General;
(g) every petition shall be signed by the petitioner and bis Advocate, if any, and shall show the place and date;
(h) draft charges shall be enclosed in a separate sheet;
(i) in the case of 'Civil Contempt' certified copy of the judgment, decree, order, writ or undertaking alleged to have been disobeyed shall be filed alongwith the petition;
(j) where the petitioner relies upon any other document/s in his possession, or power, be shall file them along with the petitioin;
(ii) in the case of 'Criminal Contempt' of the Tribunal other than a contempt referred to inSec. 14-of the Act, the petitioner shall state whether he has obtained the consent of the Attorney General or the Solicitor General or the Additional Solicitor General and if so, produce the same, if not the reasons thereof;
(iii) The petitioner shall file three complete sets of the petition including the annexures in paper book form, duly indexed and paginated. Where the number of respondents is more than one, equal number of extra paper books shall be filed ;
(iv) No fee shall be payable on a petition or any document filed in the proceedings.
RULE 6 Taking cognizance
-Every proceeding for contempt shall be dealt with by a Bench of not less than two Members : Provided where the contempt is alleged to have been commited in view of, presence or bearing of the Member/(s), the same shall be dealt with by the Member/(s) in accordance withSec. 14-of the Act.
RULE 07: INITIATION OF PROCEEDINGS
- (i) Every petition for 'Civil Contempt' made in ac- cordance with these rules shall be scrutinised by the Registrar, registered and numbered in the Registry and then placed before the Bench for preliminary hearing.
(ii) Every petition for 'Criminal Contempt' made in accordance with these rules and every information other than a petition, for initiating action for criminal contempt under the Act on being scrutinised by the Registrar shall be placed on the administra- tive side before the Chairman in the case of the Principal Bench and the concerned Vice Chairman in the case of other Benches or such other Member as may be designated by him for this purpose and he considers it expedient and proper to take action under the Act, the said petition or information shall be registered and numbered in the Registry and placed before the Bench for preliminary hearing.
(iii) When suo motu action is taken, the statement of facts constituting the alleged contempt and copy of the draft charges shall be prepared and signed by the Registrar before placing them for preliminary hearing.
RULE 08: PRELIMINARY HEARING AND NOTICE
- (i) The Bench if satisfied that a prima facie case has been made out, may direct issue of notice to the respondent; otherwise, it shall dismiss the petition or drop the proceedings.
(ii) The notice shall be in Form No. I and shall be accompanied by a copy of the petition or information, and anexures if, any thereto.
(iii) Service of notice shall be effected in the manner specified in theCentral Administrative Tribunal (Procedure) Rules, 1987-or in such other manner as may be directed by the Bench.
RULE 09: COMPELLING ATTENDANCE
- (i) The Tribunal may, if it has reasson to believe, that the respondent is absconding or is otherwise evading service of notice, or has failed to appear in person in pursuance of the notice, direct a warrant, bailable or non- bailable, for his arrest, addressed to one or more Police Officers or may order attachment of property belonging to such person. The warrant and the writ of attachment shall be issued under the signature of the Registrar. The warrant shall be in Form No. II and shall be executed as far as may be, in the manner provided, for execution of warrants under the Code.
(ii) The warrant shall be executed by the Officer or Officers to whom it is directed and may also be executed by any other Police Officer whose name is endorsed upon the warrant by the Officer to whom it is dircted or endorsed.
(iii) Every person who is arrested and detained shall, if he cannot be produced before the Tribunal within twenty-four hours of arrest excluding the time necessary for the journey from the place of arrest to the Tribunal, be produced before the nearest Magistrate within the said period, who may authorise detention till such person is produced before the Tribunal.
(iv) Every person who is arrested and detained when produced before the Tribunal, may be released on bail on a bond for such a sum of money as the Tribunal thinks sufficient with or without sureties, with the condition that the person so released shall attend the Tribunal at the time and place mentioned in the bond and shall continue to so attend until otherwise directed by the Tribunal : Provided that the Tribunal may, if it thinks fit instead of taking bail from such person, release him on personal bond for his attendance. The Provisions of the Code shall, so far as may be, apply to all arrests made and bonds executed under the Rules.
RULE 10: APPEARANCE OF THE RESPONDENT
-Unless ordered otherwise by the Tribunal, whenever a notice is issued under these rules, the Respondent shall appear in person in the case of 'criminal contempt' and in person or through an advocate in the case of 'civil contempt', at the time and place specified in the notice and continue to attend on subsequent dates to which the petition is posted.
RULE 11: REPLY BY THE RESPONDENT
-The Respondent may file his reply duly supported by an affidavit on or before the first date of hearing or within such extended time as may be granted by the Tribunal.
RULE 12: RIGHT TO BE DEFENDED BY AN ADVOCATE
-Every person against whom proced- ings are initiated under the Act, may as of right be defended by an Advocate of his choice.
RULE 13: HEARING OF THE CASE AND TRIAL
-Upon consideration of the reply filed by the Respondent and after hearing the parties,-
(a) if die respondent has tendered an unconditional apology after admitting that be has committed the contempt, the Tribunal may proceed to pass such orders as it deems fit;
(b) if the respondent does not admit that he has committed contempt, the Tribunal may-
(i) if it is satisfied that there is a prima facie case proceed to frame the charges in Form No. III (subject to modification or addition by the Tribunal at any time); or
(ii) drop the proceedings and discharge the respondent, if it is satisfied that there is no prima facie case, or that it is not expedient to proceed.
(c) the respondent shall be furnished with a copy of the charge framed, which shall be read over and explained to the respondent. The Tribunal shall then record bis plea, if any;
(d) if the respondent pleads guilty, the Tribunal may adjudge him guilty and proceed to pass such sentence as it deems fit;
(e) if the respondent pleads not guilty, the case may be taken up for trial on the same day or posted to any subsequent date as may be directed by the Tribunal.
RULE 14: ASSISTANCE IN THE CONDUCT OF PROCEEDINGS
-The Attorney General/Solicitor General/Addl. Solicitor General, or any other Advocate as maybe designated by the Tribunal shall appear and assist the Tribunal in the conduct of the proceedings against the respondent.
RULE 15: PROCEDURE FOR TRIAL
- (i) Except as otherwise provided in the Act and these rules, the procedure prescribed for summary trials under Chapter XXI of the Code shall as far as practicable be followed in the trial of cases for contempt
(ii) The Tribunal may, at its discretion, direct that evidence be produced in the form of affidavits.
(iii) The Tribunal may, either suo motu or on motion made for that purpose, order the attendance for cross-examination of a person whose affidavit has been filed in the matter.
(iv) The Tribunal may, at its discretion, direct any person to be examined as Tribunal witness.
(v) The Tribunal may make such order as it deems fit for the purpose of securing the attendance of any person to be examined as a witness and for discovery or production of any document.
RULE 16: EXPENSES OF WITNESSES
- (i) Where any person is summoned by the Tribunal to appear as a witness in any proceedings under the Act the expenses of such witness as may be determined by the Tribunal shall be borne by the party who has cited him as a witness.
(ii) Where the Tribunal summons any witness other than the witnesses cifed by the parties, his expenses as detemined by the Tribunal shall be paid by the Registrar from the funds for contingencies.
RULE 17: EXECUTION OF SENTENCE
- (i) If the respondent is found guilty and is sentenced to imprisonment other than imprisonment till rising of the Tribunal, a warrant of commitment and detention shall be made out in Form No. IV under the signature of the Rsgistrar. Every such warrant shall remain in force until it is executed or cancelled by order of the Tribunal. The Superintendent of Jail specified in the order shall, in pursuance of the warrant detain the contemner in custody for the period specified therein subject to such further direction as the Tribunal may give.
(ii) When the Tribunal awards a sentence of fine and the fine amount is not paid at once or within such time as may be granted by the Tribunal, the Registrar shall take action in any one of the ways provided inSec. 421 of the Code.
(iii) Warrants to be issued under sub-rule (ii) shall be in Form No. V and VI, as the case may be.
(iv) The report of the action taken by the Superintendent of the Jail or the Police Officer or District Collector to whom the warrant under subirule (iii) might have been addressed shall be filed in the records of the case.
RULE 18: EXECUTION OF PROCESSES
-Processe issued by the Tribunal shall, except as other- wise specifically provided, be executed by the Superintendent of Police/Commissioner of Police, as the case may be.
RULE 19: PROCEDURE ON FORFEITURE OF THE BOND
-If any bond given for appearance of the Respondent is forfeited due to his absence, the Tribunal may, after giving opportunity to the Respondent or the surety, as the case may be, levy the whole or any part of the amount mentioned in the surety bond, as penalty and direct the same to be recovered as if it were a fine imposed on the Respondent/surety under the Code.
RULE 20: APOLOGY AT ANY STAGE OF THE PROCEEDINGS
- (i) If at any time during the penden- cy of the proceedings, the contemner tenders an apology, the same shall be placed ex- peditiously for orders of the bench.
(ii) If the Tribunal accepts the apology, further proceedings shall be dropped.
RULE 21: COSTS
- (i) The Tribunal may award costs as it deems fit in the circumstances of the case.
(ii) The costs so awarded shall be recovered in the same manner as a fine imposed under the Code.
RULE 22: APPLICATION OF OTHER RULES OF THE TRIBUNAL
-In matters not specifically provided ton in these rules, the procedure prescribed in the relevant rules of the Tribunal as amendend from time to time shall mutatis mutandis apply to proceedings under these rules.
RULE 23: APPLICATION TO PENDING PROCEEDINGS
-These rules shall as far as practicable be applicable to pending proceedings.
FORM 01: FORM NO. I
[Seerule 13(b) (i)-] Notice to Respondent In the Central Administrative Tribunal (Name of the Bench) Place Contempt Petition Civil/Criminal No... ... Petitioner... ... ... ... ... Vs Respondent..... ... (here mention the name and address of the person to whom notice is being sent) Whereas information is laid/a petition is filed/motion is made by... ... ... ... ... ...that you (here mention the gist of the accusation made in the information/petition/motion)... ... And whereas a petition has been registered for action being taken against yor under theContempt of Courts Act, 1971-; You are hereby required to appear in person or through a duly authorised advocate* on... ... ...day of... ... ...at.. ... ...and on subsequent dates to which the proceedings are adjourned, unless otherwise ordered by the Tribunal, and show cause why such action as is deemed fit under theContempt of Courts Act, 1971-should not be taken against you. Given under my hand and the seal of this Tribunal, this... ... ... ... ...day of... ... ...19 Seal Registrar Central Administrative Tribunal. *Strike off whichever is not applicable.
FORM 02: FORM NO. II
[Seerule 9(i)-] Warrant of Arrest In the Central Adminstrative Tribunal (Name of the Bench) Place Contempt Petition Civil/Criminal No... ... ... Petitioner... ... ... ... ... ... ... Vs. Respondent... ... ... ... ... To (Name, designation and address of the Officer/s authorised to execute the warrant). Whereas Shri/Smt... ... ... ...of... ... ...is charged with committing contempt of the Tribunal, you are hereby d'rected to arrest the said... ... ...and to produce him/her before this Tribunal. Herein fail not. (If the Tribunal has issued a bailable warrant, the following endorsement shall be made on the warrant). If the said......... ...shall give bail in the sum ofRs............with one surety in the sum ofRs...... ...(or two suretieseach in the sum ofRs......... ......) to attend before this Tribunal on the... ... ...day of... ... ...19... ... ...and to continue so to attend until otherwise directed by this Tribunal, he may be released. Given under my hand the seal of the Tribunal this... ...day of... ... ... ...19... ... ... Seal Registrar Central Administrative Tribunal
FORM 03: FORM NO. III
[Seerule 13 (b) (i)-] Charge In the Central Administrative Tribunal (Name of the Bench) Place Contempt petition Civil/Criminal No... ... ... Petitioner... ... ... ... ...... ... Vs. Respondents... ... ... ... ... ... ... Central Administrative Tribunal... ... ... ...Bench hereby charges you... ... ...(name of the alleged contemner) as under:- That you, on or about..... ...day of...... ...at......... ...(here pive the gist of the material... ......allegedly constituting contempt) and thereby committed the contempt of this Tribunal punishable under Section... ... ...(here give the relevant section of theContempt of Courts Act 1971-), within our congnizance. You are hereby directed to be tried by this Tribunal for the aforesaid charge. Signature of the Hon'ble member The charge was read over and explained to the^Ueged contemner and his plea was recorded as under:- (1) Do you plead guilty to the charge ? Answer: (2) Do yor have anything else to say ? Answer: Signature of the alleged contemner Signatures of the Hon'ble Member/s presiding over the Bench
FORM 04: WARRANT OF COMMITMENT TO PRISON
[Seerule 17 (i)-(Name of the Bench) Place Contempt petition Civil/Criminal No... ... ... Petitioner... ... ...... ... ... .... Vs. Respondent/s... ... ... ... ... ... ... To The Superintendent (Name of the Jail) place. Whereas the Central Administrative Tribunal... ... ...Bench has on this... ... ...day of... ... ...adjudged... ... ...(name/description of the contemner) guilty of wilful contempt of theTribunal and sentenced to undergo simple imprisonment for...... ...(here specify the term) and/or to pay a fine of Rs... ... ...and in default of payment of fine to undergo simple imprisonment for... ...(specify the period). This is to authorise and require you, the Superintendent of the ............Jail, to receive the said (name of the contemner) into your custody to gether with this warrant and keep him safely in the said jail for the said period or for such period as may hereinafter be fixed by the order of this Tribunal and intimated to you. You are directed to return this warrant with an endorsement certifying the manner of its execution. Your are further directed that while the said... ... ...is in your custody, produce lhe said... ... ...before this Tribunal at all times when the tribunal so directs. Given under my hand and seal of the Tribunal this... ... ...day of Seal Registrar Central Administrative Tribunal
FORM 05: FORM NO. V
Warrant For attachment of Movables [Seerule 17 (ii) & (iii)-] In the Central Administrative IHbunal (Name of the Bench) Contempt Petition Civil/Criminal No... ... Petitioner... ... ... ... ... ... Vs. Respondent... ... ... ... ... ... To (Name and designation of the Police Officer or other officer authorised to execute the warrant.) Whereas the Central Administrative Tribunal on (this day) has adjudged (name and descretion of the contemner) guilty of wilful contempt of Tribunal and sentenced to pay a fine of Rs..... ...and whereas the said... ...... ...(name) although required to pay the said fine has not paid the same or any part thereof. This is to authorise and require you to attach any moveable property belonging to the said ... ... .. name) which may be found within the district of... ... ... and if within ... ... ... (state) the number of days or hours allowed) next after such attachment, the said sum shall not be said to sell moveable property attached or so much tbereof,as shall be sufficient to satisfy the said fine, returning this warrant,with an endorsement certifying that you have done under it, immediately upon its execution. Given under my hand and the seal of the Tribunal this... ... ... day of... ... ...19 Seal Registrar Central Administrative Tribunal
FORM 06: WARRANT OF ATTACHMENT BY DISTRICT COLLECTOR/DY. COMMISSIONER
[Seerule 17 (ii)& (iii-) In the Central Administrative Tribunal (Name of the Bench) Place Contempt Petition Civil/Criminal No... ... ... Petitioner...... ... Vs. Respondent...... ... To The District Collector/Dy. Commissioner... ... ...District. Whereas the Central Administrative Tribunal on (this day) has adjudged (name and description of the contemner) guilty of wilful contempt of Tribunal and sentenced to pay a fine of Rs.... and where as the said ...(name) although required to pay the said fine has not paid the said fine/the sum of...being the part thereof. This is to authorise and require you to realise the amount by execution according to civil process against the moveable or immoveable property or both of the respondent aforesaid in the manner provided bySection 421 of the Code of Criminal Procedure, 1973- This order shall be deemed to be a decree and you the decree holder within the meaning of the Code of Civil Procedure, 1908 and the order shall be executable as such decree. Given under my hand and the seal of this Court, this. day of................................199..................... Seal Registrar Central Administrative Tribunal
RULES TO REGULATE PROCEEDINGS FOR CONTEMPT OF THE SUPREME COURT, 1975
G.S.R. 142-In exercise of the powers under
Sec. 23 of the Contempt of Courts Act, 1971, read withArt. 145 of the Constitution of Indiaand all other powers enabling it in this behalf, the Supreme Court hereby makes, with the approval of the President, the following rules :
RULE 01:
(1) These Rules may be called the Rules to regulate proceedings for Contempt of the Supreme Court, 1975.
(2) They shall come into force on the date of their publication in the Official Gazette.1
PART 01: PART I
RULE 02:
(1) Where contempt is committed in view or presence or hearing of the Court, the contemner may be punished by the Court before which it is committed either forthwith or on such date as may be appointed by the Court in that behalf.
(2) Pending the determination of the charge, the Court may direct that the contemner shall be detained in such custody as it may specify: Provided that the contemner may be released on bail on such terms as the Court may direct.
PART 02: PART II
RULE 03:
In case of contempt other than the contempt referred to inrule 2-, the Court may take action :-
(a) suo motu, or
(b) on a petition made by Attorney-General, or Solicitor-General, or
(c) on a petition made by any person, and in the case of a criminal contempt with the consent in writing of the Attorney-General or the Solicitor- General.
RULE 04:
(a) Every petition underrule 3 (b )-or(c)shall contain:
(i) the name, description and place of residence of the petitioner or petitioners and of the person charged;
(ii) nature of the contempt alleged, and such material facts, including the date or dates of commission of the alleged contempt, as may be necessary for the proper determination of the case;
(iii) if a petition has previously been made by him on the same facts, the petitioner shall give the details of the petition previously made and shall also indicate the result thereof;
(b) The petition shall be supported by an affidavit
(c) Where the petitioner relies upon a document or documents in his posession or power, he shall file such document or documents or true copies thereof with the petition.
(d) No court-fee shall be payable on the petition, and on any documents filed in the proceedings.
RULE 05:
Every petition underrule 3 (b)-and(c)shall be posted before the Court for preliminary hearing and for orders as to issue of notice. Upon such hearing, the Court, if satisfied that no prima facie case has been made out for issue of notice, maydismiss the petition, and, if not so satisfied direct that notice of the petition be issued to the contemner.
RULE 06:
(1) Notice to the person charged shall be in Form I. The person charged shall, unless otherwise ordered, appear in person before the Court as directed on the date fixed for hearing of the proceeding, and shall continue to remain present during hearing till the proceeding is finally disposed of by order of the Court.
(2) When action is instituted on a petition, a copy of the petition along with the annexures and affidavits shall be served upon the person charged.
RULE 07:
The person charged may file his reply duly supported by an affidavit or affidavits.
RULE 08:
No further affidavit or document shall be filed except with the leave of the Court.
RULE 09:
Unless otherwise ordered by the Court, seven copies of the paper book shall be prepared in the Registry, one for the petitioner, one for the opposite party and the remaining for the use of the Court. The Paper Book in the case shall be prepared at the expense of the Central Government and shall consist of the following documents:-
(i) Petition and affidavits filed by the petitioner,
(ii) A copy of, or a statement relating to, the objectionable matter constituting the alleged
contempt,
(iii) Reply and affidavits of the opposite party,
(iv) Documents filed by the parties,
(v) Any other documents which the Registrar may deem fit to include.
RULE 10:
The Court may direct the Attorney-General or Solicitor-General to appear and assist the Court.
RULE 11:
(1) The Court may, if it has reason to believe, that the person charged is absconding or is otherwise evading service of notice, or if he fails to appear in person or to continue to remain present in person in pursuance of the notice, direct a warrant bailable or non-bailable for his arrest, addressed to one or more police officers or may order attachment of property. The warrant shall be issued under the signature of the Registrar. The warrant shall be in Form II and shall be executed, as far as may be in the manner provided for execution of warrants under the Code of Criminal Procedure.
(2) The warrant shall be executed by the officer or officers to whom it is directed, and may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.
(3) Where a warrant is to be executed outside the Union Territory of Delhi, the Court may instead of directing such warrant to police officer, forward it to the Magistrate of the District or the Superintendent of Police or Commissioner of Police of the district within which the person charged is believed to be residing. The Magistrate or the police officer to whom the warrant is forwarded shall endorse his name thereon, and cause it to be executed.
(4) Every person who is arrested and detained shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate, and no such person shall be detained in custody beyond the said period without the authority of a Magistrate.
RULE 12:
The Court may, either suo motu, or on motion made for that purpose, order the attendance for crossexamination, of a person whose affidavit has been filed in the matter.
RULE 13:
The Court may make orders for the purpose of securing the attendance of and person to be examined as a witness and for discovery or production of any document
RULE 14:
The Court may pass such orders as it thinks fit including orders as to costs which may be recovered as if the order were a decree of the Court.
RULE 15:
Save as otherwise provided by the rules contained herein, the provisions of theSupreme Court Rules, 1966, shall, so far as may be, apply to proceedings in relation to proceedings in contempt under this Part.
PART 03: PART III
RULE 16:
Where a person charged with contempt is adjudged guilty and is sentenced to suffer imprisonment, a warrant of commitment and detention shall be made out in Form IV under the signature of the Registrar. Every such warrant shall remain in force until it is cancelled by order of the Court or until it is executed. The Superintendent of the Jail shall in pursuance of the order receive the person so adjudged and detain him in custody for the period specified therein, or until further orders.
FORM 01: NOTICE TO A PERSON CHARGED WITH CONTEMPT OF COURT
(Seerule 6-) IN THE SUPREME COURT OF INDIA (Original Jurisdiction) Whereas your attendance is necessary to answer a charge of contempt of Court by .......................................................... (here briefly state nature of the contempt). You are hereby required to appear in person (or by Advocate if the Court has so ordered) before this Court at New Delhi on the ....................day of ...............19..... You shall attend the Court in person* on the ..........day of .................19........ and shall continue to attend the Court on all days thereafter to which the case against you stands adjourned and until final orders are passed on the charge against you. Herein fail not. Dated this ................day of ...........................19.............. (SEAL) REGISTRAR * to be omitted where the person charged is allowed or ordered to appear by Advocate.
FORM 02: WARRANT OF ARREST
(Seerule 11-) IN THE SUPREME COURT OF INDIA (Original Jurisdiction) To (Name and designation of the person/persons who is or are to execute the warrant). Whereas......................of.........................is charged with commiting contempt of this Court, you are hereby directed to arrest the said..............and to produce him before this Court. Herein fail not. (If the Court has issued a bailable warrant, the following endorsement shall be made on the warrant). If the said...........shall give bail in the sum of Rs..................with one surety in the sum of Rs....................(or two sureties each in the sum of Rs..................) to attend before this Court on the ............day of ............19...............and to continue so to attend until otherwise directed by this Court, he may be released. Dated this .................day of ...........19........ (SEAL) REGISTRAR * to be omitted where the person charged is allowed or ordered to appear by Advocate.
FORM 03: BOND AND BAIL BAIL--BOND AFTER ARREST UNDER A WARRANT IN THE SUPREME COURT OF INDIA
(Original Jurisdiction) I,...................(name) of ......................being brought before the District Magistrate of ...............(or as the case may be) under a warrant issued to compel my appearance to answer to the charge of contempt of the Supreme Court do hereby bind myself to attend the Supreme Court on the ........................day of .............next, to answer to the said charge, and to continue so to attend, until otherwise directed by the Supreme Court: and, in case of my making default herein, I bind myself to forfeit to Union of India, the sum of rupees.......................... Dated this ..........................day of.....................19 (SIGNATURE) I do hereby declare myself surety for the abovenamed.............of.............. that he shall attend before...............in the Supreme Court on the ...............day of ..................next, to answer to the charge on which he has been arrested, and shall continue so to attend until otherwise directed by the Supreme Court; and, in case of his making default therein, I bind myself to forfeit to Union of India, the sum of rupees.................................... Dated this ................................day of.................................19.............
FORM 04: WARRANT OF COMMITMENT FOR CONTEMPT
(SeeRule 16-) IN THE SUPREME COURT OF INDIA (Original Jurisdiction) To the Superintendent (or Keeper) of the Jail at.................................. Whereas at the Court holden on this day (name and description of the contemner) has been adjudged by the Court guilty of wilful contempt of Court, and he has been sentenced to suffer imprisonment for the period..............................(here specify the term) and/or to pay a fine of rupees................................................... This is to authorise and require you, the Superintendent (or Keeper) of the said Jail, to receive the said (name of the contemner) into your custody, together with this warrant, and him safely to keep in the said Jail for the said perioid of..............(term of imprisonment) or for such shorter period as may hereafter be fixed by order of this Court and intimated to you. You are directed to return this warrant with an endorsement certifying the manner of its execution. You are further directed that while the said ........................................is in your custody, produce the said ....................................before the Court, at all times when the Court shall so direct. Given under my hand and the seal of the Court, this .................................day of ...........................19 (SEAL) REGISTRAR
1. Published in the Gazette of India, dated 1st February, 1975, and came into force from that date
