1. Appeal against conviction under the Contempt of Courts Act for interfering with judicial proceedings by flouting a temporary injunction and obstructing the administration of justice. (Para 1 )
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1999 Supreme(SC) 122
1999(1) Supreme 367
Supreme Court of India
(From Karnataka High Court)
G.T. Nanavati & N. Santosh Hegde, JJ.
Sh. K.S. Villasa -Appellant
versus
M/s. Ladies Corner & Anr. -Respondents
Criminal Appeal No. 305 of 1987
Decided on 3-2-1999
Counsel for the Parties :
For the Appellant : S.B. Sanyal, Sr. Advocate, Naresh Kaushi, Shanker Divate and Ms. C.S. Lalitha, Advocates.
For the Respondents : K.R. Nagaraja, Advocate (NP).
Intentionally and knowingly flouting a court order, such as a temporary injunction, to aid a party in a suit constitutes contempt of court, as such actions interfere with the due course of judicial proceedings and the administration of justice.
Headnote:Contempt of Courts Act-Section 19 - Criminal contempt -Appeal against conviction - Civil Court granting possessory remedy of temporary injunction in favour of respondent - Appellant denied benefit of order by locking suit premises and putting his seal on lock-High Court found that appellant was fully aware of injunction order and had deliberately flouted same-Facts clearly indicate intention of appellant-Findings recorded by High Court fully justified -Appellant intentionally and knowingly flouted order of Court and thereby interfered with course of justice-Conviction justified. (Paras 2 & 3)
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2. The appellant contested the conviction by presenting evidence to refute the complainant's claims regarding the flouting of the injunction and interference with judicial proceedings. (Para 2 )
3. The court observed that the appellant knowingly flouted a temporary injunction, obstructed the complainant's possession, and misused police authority to interfere with the administration of justice. (Para 2 , 3 )
4. Intentionally and knowingly flouting a court order and interfering with judicial proceedings constitutes contempt under the Contempt of Courts Act. (Para 3 )
5. Appeal dismissed and conviction under the Contempt of Courts Act upheld. (Para 3 )
6. What actions constitute interference with the administration of justice under the Contempt of Courts Act?
Actions such as deliberately flouting a temporary injunction, obstructing a party's possessory remedy, and using official authority to intimidate parties or sit in judgment of court orders constitute interference with the administration of justice. (Para 2 , 3 )
7. Does intentionally flouting a court order to assist a party in a suit amount to contempt?
Yes, intentionally and knowingly flouting a court order to assist a party against whom the order was passed constitutes an interference with the course of justice and is punishable under the Contempt of Courts Act. (Para 2 , 3 )
Judgment
Nanavati, J.-The appellant has been convicted under the Contempt of Courts Act and directed to pay fine of Rs. 1,000/-. Aggrieved by his conviction and the order of payment of fine, the appellant was filed this appeal under Section 19 of the Act.
The charges framed against the appellant were as under :
“Charge-(i) : On 6.11.1982 interfered with and obstructed the due course of judicial proceedings in O.S. No. 3214 of 1982 (M/s. Ladies Corner v. Muslim Association, Bangalore and another), pending on the file of the 9th Additional City Civil Judge at Bangalore, in that, in spite of the order dated 4.11.1982 made by that court granting the possessory remedy of temporary injunction in favour of the complainant-plaintiff in respect of the premises concerned in that suit, you, in spite of that injunction order having been brought to your notice, acted in aid of the interests of the defendant in that suit and denied the complainant-plaintiff, by benefit of that order of temporary injunction by locking up the suit premises, putting your seal on the locks and taking away the keys and in warning the complainant-plaintiff not to enter upon the suit premises; and that
Charge-(ii) : You lowered the authority of the Court of the 9th Additional City Civil Judge, Bangalore, and interfered with the administration of justice by your order No. YSD/CC/1271/82 to sit in judgment injunction dated 4.11.1982 made by that Court in C.S. No. 3214 of 1982 and in commenting on the conduct of the parties thereto.”
2. The complainant and the appellant had led evidence in support of their versions. The High Court believing the evidence of P.Ws. 2 and 3 held that Ravi was in possession of the shop in question and therein business was carried on in the name of ‘Ladies Corner’. The High Court did not believe the evidence led by the appellant as it was found to be inconsistent and improbable and recorded the finding that the appellant was fully aware of the order of injunction passed by the Civil Court in favour of ‘Ladies Corner’ and yet with a view to help Muslim Association against whom the said order was passed he had deliberately flouted the same by removing the son of Ravi-P.W. 1 from the shop and then by locking the shop. The High Court also believed the evidence of P.W. 1 and held that the appellant had taken him to Police Station and detained him there for about 4 to 5 hours. The facts established clearly indicate the intention of the appellant and, therefore, the High Court was right in coming to the conclusion that the appellant while behaving in that manner had interfered with the judicial proceedings and administration of justice. The High Court has also noted the fact that the appellant had directed his Sub-Inspector to prosecute the complainant for the averments made in his pleadings and the affidavit filed in the suit.
3. Having gone through the evidence and the judgment of the High Court we are of the opinion that the findings recorded by the High Court are fully justified and that the appellant had intentionally knowingly flouted the order of the Court and had thereby interfered with the course of justice. He has been rightly convicted under the Contempt of Courts Act. This appeal is, therefore, dismissed.
(C.R.) Appeal dismissed.
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