AIR 2003 SUPREME COURT 2177 ::2003 AIR SCW 2609 ::(2003) 2 WLC(SC)CVL 21 ::(2003) 6 IndLD 556 ::2003 (2) UJ (SC) 1204 ::2003 UJ(SC) 2 1204 ::2003 (7) SCC 375 ::2003 (3) RecCriR 251 ::(2003) 4 Scale 520 ::(2003) 2 ALD(CRL) 170 ::(2003) 3 AllMR 736 (SC) ::2003 (3) All MR 736 ::2003 (5) ACE 373 ::2003 (4) MadLW 16 ::2003 (3) JLJR 139 ::2003 (3) PatLJR 148 ::(2003) 3 SCR 1179 (SC) ::2003 (3) SCR 1179 ::(2003) 2 UPLBEC 1428 ::2003 (3) SLT 540 ::2003 (4) Supreme 178 ::(2003) 46 AllCriC 1167(2) ::(2003) 7 AllIndCas 472 (SC) ::2003 (46) AllCriC 1167.2 ::(2003) 4 JT 471 (SC) ::2003 (6) SRJ 489

Supreme Court Of India

Hon'ble Judge(s): R. C. Lahoti, Brijesh Kumar , JJ

(A) Contempt of Courts Act (70 of 1971) , S.14— Contemnor - Denying him hearing till contempt is purged - Not rigid rule of law - But a flexible rule of practice. It is no rule of law and certainly not a statutory rule that a contemnor cannot be heard unless the contempt is purged. It lies within the discretion of the court to tell the contemnor charged with having committed contempt of court that he will not be heard and would not be allowed participation in the court proceedings unless the contempt is purged. This is a flexible rule of practice and not a rigid rule of law. The discretion shall be guided and governed by the facts and circumstances of a given case. Where the court may form an opinion that the contemnor is persisting in his behaviour and initiation of proceedings in contempt has had no deterrent or reformatory effect on him and/or if the disobedience by the contemnor is such that so long as it continues it impedes the course of justice and/or renders it impossible for the Court to enforce its orders in respect of him, the Court would be justified in withholding access to Court or participation in the proceedings from the contemnor. On the other hand, the court may form an opinion that the contempt is not so gross as to invite an extreme step as above, or where the interests of justice would be better served by concluding the main proceedings ....