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SUPREME COURT OF INDIA
A.M. Ahmb, S.C. Sen and K.S. Paripoornan, JJ.
In Re: V.C. Mishra - Petitioner
C.P. (C)(Crl.) No. 1154 of 1995
Decided On : 21-11-1995
Contempt - Notice to Show Cause - Prima Facie Satisfaction
Fact of the Case:
The respondent's statements were considered to prima facie constitute contempt, leading to the issuance of a notice to show cause why action should not be taken against him for contempt of the Court.
Finding of the Court:
The Court found that the respondent's statements prima facie constituted contempt and directed the issuance of a notice to show cause. An error in the issuance of a notice to the respondent's Advocate on Record was acknowledged and treated as withdrawn.
Issues: Prima facie satisfaction of the respondent's statements constituting contempt, issuance of notice to show cause, and an error in the issuance of a notice to the respondent's Advocate on Record.
Ratio Decidendi: The Court exercised its jurisdiction to direct the issuance of a notice to the respondent to show cause why action should not be taken against him for contempt, based on its prima facie satisfaction of the respondent's statements constituting contempt.
Final Decision: The Court directed the issuance of a notice to the respondent to show cause why action should not be taken against him for contempt, and acknowledged and treated as withdrawn an error in the issuance of a notice to the respondent's Advocate on Record.
JUDGMENT :
1. We have carefully considered the statements made by the respondent Shri V.C. Mishra from time to time and we are prima facie satisfied that they prima facie constitute contempt. We, therefore, in exercise of our jurisdiction direct notice to issue to Shri V.C. Mishra personally to show cause why action should not be taken against him for contempt of this Court. The Registry will draw up the notice as per draft and make it returnable within eight weeks, during which period the alleged contemner will file his reply in the Registry. The Registry will then take instructions from the Chief Justice of India for fixing the date of hearing. It appears that the Assistant Registrar of this Court by letter dated 9/ 10.10.95 has issued a notice to Shri M.K. Garg, Advocate on REcord for Shri V.C. Mishra which seems to be an error on the part of the Registry. The error seems to have occurred as the learned Solicitor General had prepared the draft as per order of 5.9.95 and the Registry took it as if it was to be issued. The said letter will be treated as withdrawn.
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