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AIR 1987 GUJARAT 215 ::1987 CriLR(SC MAH GUJ) 326
Gujarat High Court
Hon'ble Judge(s): P. R. Gokulakrishnan , C.J. AND R. C. Mankad, S. B. Majmudar, G. T. Nanavati, J. P. Desai , JJJ

Contempt of Courts Act (70 of 1971) , S.23— Rules under - Contempt of Courts (Gujarat High Court) Rules (1984), R.15(3) - No provision in Act or Rules for third parties to be allowed to intervene - Notice sno motu issued by High Court against President of Bar Association - Other Members and Bar Councils have no right to be impleaded. So far as criminal contempt is concerned, it is a matter entirely between the Court and the alleged contemner. So far as the contempt jurisdiction is concerned, the only actors in the drama are the Court and the alleged contemner. Merely because there is nothing in the Act or the Rules regarding impleading or intervening, the Court is not powerless to issue suo motu notice and implead the parties concerned. However, it will be for the Court to decide in each case, depending upon the acts alleged to have been done, and the issues involved therein, as to who should be permitted to be joined as a party to that proceeding. It is a matter of discretion of the Court, and nobody can insist that he should be joined as a party or that action should be taken against him as well. Again, it is settled law that the contemner must know the actual contempt alleged to have been committed by him before he is directed to file his reply, if any.(Para 5) The High Court suo motu issued Rule against the President of Bar....

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