N.P.SINGH, S.SAGHIR AHMAD
State Of Maharashtra – Appellant
Versus
Mahboob S. Allibhoy – Respondent
Key Points: - The appealability of an order dropping contempt proceedings under Section 19(1) of the Contempt of Courts Act is discussed; the Court holds that no appeal is maintainable in such a case. (!) (!) (!) (!) (!) - Section 19(2) provides reliefs that can be granted pending an appeal, such as suspending execution, releasing on bail, or hearing the appeal notwithstanding non-purging of contempt. (!) (!) (!) (!) - If no appeal under Section 19(1) is maintainable, the aggrieved person may seek relief under Article 136 of the Constitution to obtain appropriate redress. (!) (!) - The proceedings of contempt are primarily between the court and the alleged contemnor; the informer is not a prosecutor, and the court decides punishment. (!) - The High Court’s power to punish for contempt derives from Article 215 of the Constitution. (!) - The decision to drop contempt proceedings and not to initiate them can be a decision not to exercise jurisdiction to punish, and such decisions may not attract a right of appeal under Section 19(1). (!) - The appellate court cannot interfere under Article 136 unless it is satisfied it is a fit case to intrude in the larger administration of justice. (!) - The appeal in the referenced case was dismissed; no costs. (!)
ORDER
This appeal has been filed on behalf of the State of Maharashtra for setting aside an order dated 12th July, 1988 passed by the High Court of Bombay dropping the contempt proceeding which had been initiated against the respondents.
2. It appears that respondents had filed a writ petition before the High Court claiming refund of Rs. 2,60,144-70 paid as counter-vailing/additional duty. The Customs department filed an affidavit stating that a false claim had been made before the Court for obtaining refund because in fact the writ petitioners - respondents had not paid any duty at all and had claimed the refund on basis of forged documents. In connection with the said dispute, a notice was issued to the respondents as to why a complaint be not filed against them under Sections 191, 192, 209 and 210 of the Indian Penal Code. A notice was also issued to the respondents directing them to show cause why proceedings for contempt be not initiated against them. After taking into consideration the show cause filed on behalf of the respondents an order was passed directing that a complaint be filed against them. The learned Judges having passed the aforesaid order directed that no action be
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