B.N.KIRPAL, BRIJESH KUMAR, RUMA PAL
Pallav Sheth – Appellant
Versus
Custodian – Respondent
The legal document discusses the interpretation and application of Section 20 of the Contempt of Courts Act, 1971, particularly concerning the limitation period for initiating contempt proceedings. The key issue is whether the power of courts, especially High Courts and the Special Court, to initiate contempt proceedings is barred if such proceedings are commenced after one year from the date the contempt was alleged to have been committed.
The court emphasizes that the power to punish for contempt is inherent in courts of record, and this power cannot be taken away or limited by legislation in a manner that undermines the constitutional authority under Articles 129 and 215 of the Constitution. The provisions of the Contempt of Courts Act, 1971, including Section 20, are intended to define and limit the procedural aspects of contempt proceedings, not to extinguish the courts' inherent jurisdiction.
The interpretation of "initiate proceedings" is critical. It is clarified that proceedings are considered initiated when the court forms a prima facie opinion that contempt has been committed and takes steps such as issuing a notice or receiving an application. The mere filing of an application or receipt of a reference does not constitute initiation unless the court has applied its mind and begun formal proceedings within the limitation period.
Furthermore, the document underscores that the limitation period begins from the date the contempt is alleged to have been committed, but this can be extended in cases involving concealment or fraud, where the knowledge of the right or the facts was concealed. Such concealment or fraud can justify the extension of the limitation period, provided the proceedings are initiated within the period after the fraud is uncovered.
In the specific case discussed, the proceedings were initiated within the limitation period after the concealment was discovered, and the court upheld the validity of the contempt action. The document also highlights that procedural rules across courts support the view that initiation of contempt proceedings involves the filing of applications or notices, and that the limitation period is to be observed from the point of formal initiation, not merely from the alleged date of contempt.
Overall, the interpretation favors a harmonized approach, recognizing both the courts' inherent powers and the statutory limitations, and underscores that procedural safeguards, such as limitation periods, are compatible with the courts' constitutional authority to punish contempt, provided they are properly understood and applied.
JUDGMENT
Kirpal, J.—These appeals by special leave are against the judgment of the Special Court constituted under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 (herein referred to as ‘the Special Court Act’) whereby the Appellant has been held to have committed civil contempt as defined under Section 2(b) of the Contempt of Courts Act, 1971 and sentenced to undergo simple imprisonment for a period of one month and a fine of Rs. 2,000/-.
2. M/s. Fairgrowth Financial Services Limited was notified on 2nd July, 1992 under the provisions of the Special Court Act. As a result thereof, all properties belonging to the said notified party stood automatically attached.
3. The Custodian appointed under the Special Court Act filed Misc. Application. No. 193 of 1993 and sought a decree for Rs. 50 crores on behalf of the notified party against Pallav Sheth, the Appellant herein. On 24th February, 1994 the Appellant submitted to a Consent Decree for a sum of Rs. 51.49 crores which was to be paid in instalments. Rs. 2.00 crores were paid but thereafter the Appellant defaulted in the payment of further instalments.
4. The Custodian then moved an Execution Appl
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