IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ROSHAN DALVI, J.
Sheikhan Fadiah Saad Al Abduyllah Al Sabah - Plaintiff
Vs.
Sanjay Mishrimal Punamiya & Ors. -Defendants.
SHOW CAUSE NOTICE NO. 787 OF 2014
NOTICE OF MOTION NO. 313 OF 2014
IN
SUIT NO. 175 OF 2014
Decided On : 23rd JUNE, 2014
Contempt - Contempt in the face of the Court - Contempt of Courts Act, 1971, Section 14
Fact of the Case:
Defendant No.1 and his Advocate made false, unsubstantiated allegations about the integrity of the Court during a hearing, demanded recusal of the judge, and issued a complaint to the Chief Justice. The judge issued a show cause notice of contempt under Section 14 of the Contempt of Courts Act, 1971.
Finding of the Court:
The court found that the contemnors had made false allegations of corruption against the Court in open Court without producing evidence and demanding recusal of the judge. The apologies tendered by the contemnors were deemed unacceptable.
Issues: Allegations of contempt in the face of the Court, demand for recusal of the judge, issuance of show cause notice, and tendered apologies.
Ratio Decidendi: The court determined that the contemnors' actions constituted contempt in the face of the Court under Section 14 of the Contempt of Courts Act, 1971, and directed the matter to be tried by another judge of the Court.
Final Decision: The court directed the Prothonotary & Senior Master, High Court, Bombay to place the matter before the Hon'ble Chief Justice for passing directions for the trial of the contempt in the face of the Court as per Section 14(2) of the Contempt of Courts Act, 1971.
1. Show cause notice for having committed contempt in the face of the Court has been issued to defendant No.1 and his Advocate on record in the above suit. The notice is issued under Section 14 of the Contempt of Courts Act, 1971. Section 14 runs thus:
14. Procedure where contempt is in the face of the Supreme Court or a High Court.
(1) When it is alleged, or appears to the Supreme Court or the High Court upon its own view, that a person has been guilty of contempt committed in its presence or hearing, the Court may cause such person to be detained in custody, and, at any time before the rising of the Court, on the same day, or as early as possible thereafter, shall (a) cause him to be informed in writing of the contempt with which he is charged;
(b) afford him an opportunity to make his defence to the charge;
(c) after taking such evidence as may be necessary or as may be offered by such person and after hearing him, proceed, either forthwith or after adjournment, to determine the matter of the charge; and
(d) make such order for the punishment or discharge of such person as may be just.
(2) Notwithstanding anything contained in subsection (1), where a person charged with contempt under that subsection applies, whether orally or in writing, to have the charge against him tried by some Judge other than the Judge or Judges in whose presence or hearing the offence is alleged to have been committed, and the Court is of opinion that it is practicable to do so and that in the interests of proper administration of justice the application should be allowed, it shall cause the matter to be placed, together with a statement of the facts of the case, before the Chief Justice for such directions as he may think fit to issue as respects the trial thereof.
(3) Notwithstanding anything contained in any other law, in any trial of a person charged with contempt under subsection (1) which is held, in pursuance of a direction given under subsection (2), by a Judge other than the Judge or Judges in whose presence or hearing the offence is alleged to have been committed, it shall not be necessary for the Judge or Judges in whose presence or hearing the offence is alleged to have been committed to appear as a witness and the statement placed before the Chief Justice under subsection (2) shall be treated as evidence in the case.
(4) Pending the determination of the charge, the Court may direct that a person charged with contempt under this section shall be detained in such custody as it may specify: Provided that he shall be released on bail, if a bond for such sum of money as the Court thinks sufficient is executed with or without sureties conditioned that the person charged shall attend at the time and place mentioned in the bond and shall continue to so attend until otherwise directed by the Court:
Provided further that the Court may, if it thinks fit, instead of taking bail from such person, discharge him on his executing a bond without sureties for his attendance as aforesaid.
2. They have filed their respective affidavits. Defendant No.1/Contemnor No.1 has purported to tender an unconditional apology and stated that the complaint before the Chief Justice is under investigation and appeal is filed against the order dated 7th May, 2014 and hence show cause notice be stayed/adjourned or discharged.
3. The Advocate on record of defendant No.1 in the above suit/contemnor No.2 has also purported to tender an unconditional apology if any of his acts or conduct reflected disrespect to the Court. He has applied for discharge of the notice. He has contended that the notice is not in consonance with Form I. He has set out various objections to the notice and annexed another complaint filed by him on 21.05.2014 making various other allegations against the Court which this Court cannot consider.
4. I find no cause shown to the notice for contempt in the face of the Court committed by the aforesaid contemnors as specified in my order which is of making false alle
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