AIR 2017 SUPREME COURT 225 ::(2017) 1 CriLR(Raj) 13 ::(2017) 1 AllCriR 462 ::(2017) 1 Scale 83 ::(2017) 1 AllCriLR 831 ::(2017) 3 Crimes 43 ::2017 (1) KCCR SN 55 (SC) ::2017 (99) ACC (SOC) 13 (SC)

Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): T. S. Thakur, A. M. Khanwilkar , JJ

Constitution of India , Art.129, Art.215— Contempt - Power to punish - Does not extend to punishing for contempt of a Superior Court - Alleged offending publication questioning propriety of certain orders passed by Supreme Court - High Court not empowered to initiate contempt proceedings. Contempt of Courts Act (70 of 1971) , S.10— Power to punish for contempt vested in a Court of record under Article 215 does not extend to punishing for contempt of a superior court. Such a power has never been recognised as an attribute of a court of record nor has the same been specifically conferred upon High Courts under Article 215. A prior if, the power to punish under Article 215 is limited to the contempt of High Court or courts subordinate to High Court, there was no way High Court could justify invoking that power to punish for contempt of a superior court. That is particularly so when superior court's power to punish for its contempt has been in no uncertain terms recognised by Article 129 of the Constitution. The availability of the power under Article 129 and its plenitude is yet another reason why Article 215 could never have been intended to empower High Courts to punish for the contempt of the Supreme Court. The logic is simple. If Supreme Court does not, despite the availability of power vested in it, invoke the same to punish for its contempt....