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2017 Supreme(Bom) 2066

S.C.DHARMADHIKARI, PRAKASH D.NAIK
Satish Mahadeorao Uke – Appellant
Versus
Hon'ble the Chief Justice, High Court of Judicature at Bombay, through its Registrar General, High Court, Mumbai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Mathews Nedumpara, Mr. C.J. Joveson, Mr. R.R. Nair
For the Respondents: Mr. Amit Borkar, Mr. Dhanesh R. Shah, Mr. Sandesh Patil, Ms. M.S. Bane

JUDGMENT :

S.C. Dharmadhikari, J.

By this writ petition under Article 226 of the Constitution of India, the petitioner claims the following three reliefs:-

"(a) declare that Sections 2(c), 12, 14 and 15 of the Contempt of Courts Act, 1971 are unconstitutional and void inasmuch as the provisions contained therein are against Part III of the Constitution, for, they are against the first principle of natural justice, which stands enshrined in Articles 14, 20(3) and 21 of the Constitution, diabolic, arbitrary and unjust;

(b) declare that the entire proceedings in Criminal Contempt Petition No. 7 of 2016 and unnumbered Criminal Contempt Petition arising out of Order dated 22.02.2017 in Criminal Contempt Petition No. 7 of 2016 pending before the Nagpur Bench of this Hon'ble Court are unconstitutional and void ab initio;

(c) Issue a writ of mandamus or any other appropriate writ, order or direction directing the Hon'ble the Chief Justice of this Hon'ble Court to consider the petitioner's representations dated 29.08.2016 and 18.02.2017 (Exhibits "E" and "F" hereto) seeking transfer of Criminal Contempt Petition arising out of Order dated 22.02.2017 in Criminal Contempt Petition No. 7 of 2016 pe















































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