AIR 1974 SUPREME COURT 2255 ::(1975) 3 SCC 535 ::1975 SCC(Cri) 99 ::ILR (1974) Cut 995

Supreme Court Of India

(From: AIR 1974 Orissa 1 (FB))

Hon'ble Judge(s): D. G. Palekar, P. N. Bhagwati, V. R. Krishna Iyer , JJJ

Index Note:- Contempt of Courts Act (70 of 1971) , S.19(1)— Appeal - Order of High Court rejecting motion made by a Judicial Officer and refusing to initiate a proceeding for contempt against Chief Justice and other Judges, in not appealable under s. 19 (1) - Supreme Court can - however, in suitable cases interfere under Art. 136. X-Ref:- Contempt of Courts Act (70 of 1971) , S.15, S.17, S.20— X-Ref:- Constitution of India , Art.136— Brief Note:- (A) The exercise of contempt jurisdiction being a matter entirely between the Court and the alleged contemner, the Court, though moved by motion or reference, may in its discretion, decline to exercise its jurisdiction for contempt. It is only when the Court decides to take action and initiates a proceeding for contempt that it assumes jurisdiction to punish for contempt. The exercise of the jurisdiction to punish for contempt commences with the initiation of a proceeding for contempt, whether suo motu or on a motion or reference. That is why the terminus a quo far the period of limitation provided in Section 20 is the date when a proceeding for contempt is initiated by the Court. Where the Court rejects a motion or a reference and declines to initiate a proceeding for contempt, it refuses to assume or exercise jurisdiction to punish for contempt and such a decision cannot be regarded as a decision in....