Orders passed in exercise of the Court's contempt jurisdiction are appealable under Section 19 of the Contempt of Courts Act, 1971.

( 1 ) THE question as to whether an order passed by a Ld. Judge of High Court in exercise of his jurisdiction under Article 215 of the Constitution of India read with Section 19 of the Contempt of Courts, Act, 1971 (hereinafter REFERRED TO as the said Act), issuing direction either by modifying its own order or by issuing directions which could not be issued even in the writ application is appealable, is the question involved herein.

( 2 ) THE High Court as a Court of Record, has power to punish a Contemner for contempt of its own Court, Article 215 of the Constitution of India provides for such power. This power is not derived from any statute. It's jurisdiction is clearly derived from its being a Court of Record. Article 215 only corroborates this status of the High Court. Even without Article 215, the High Court would have the jurisdiction to punish for its contempt. This power of the High Court to punish for contempt of itself cannot be taken away by parliamentary legislation, except by way of constitutional amendment.

( 3 ) HOWEVER, the legislature is competent to lay down the procedure in respect of contempt application and/or matters arising thereunder. Items 77 and 78 of List of Schedule I of the Constitution empowers the Parliament to enact laws on constitution, jurisdiction and powers of the High Court.

( 4 ) THE Contempt of Courts Act, therefore, so far the High Court is concerned, merely regulates the procedure irrespective of its power to deal with the contempt matters. The said Act was enacted to define the limits and powers of certain Courts in punishing under Contempt of Courts Act and to regulate the procedure in relation thereto.

( 5 ) THE provision of the Contempt of Courts Act are required to be involved for enforcing the power of the High Court to punish a contemnor for contempt of its own Court or of a subordinate Court. As noticed hereinbefore, prior to enactment of the Contempt of Courts Act there did not exist any comprehensive legislation in this regard. Prior to the said legislation a committee was constituted known as "sanyal Committee" and it while dealing with the questions posed before it as regard the provision of Contempt of Courts Act, vis-a-vis, power of appeal under Article 215 of the Constitution of India submitted a detailed report. In its report it was stated inter alia :"it may also be mentioned that the English concept of Court of record does not preclude the possibility of the decision in contempt matters of a Court of record being considered and reversed, if the appellate Court so thinks fit, in appeal. The theory that a Court of record is the final judge of what amounts to contempt of itself runs counter to the principle underlying the English law of contempt as expounded in Almon's case, viz. , that the power of committing for contempt was the emanation of the Royal authority, for any contempt of the Court would be a contempt of the Sovereign. Logically, if superior Court is the final arbiter of what amounts to contempt of itself, that would mean that the Sovereign himself is precluded from determining what amounts to contempt of himself. Looking at the matter from the point of view of the position as it obtains in India, the theory would mean that there might be as many systems of law of contempt in the country as there are High Courts plus one, for the Supreme Court is also a Court of record. It might also mean that the provisions of Article 141 of the Constitution which provides that the law laid down by the Supreme Court shall be binding on all the Courts within the territory of India would be subject to an exception in relation to the law of contempt. It might further mean that the present practice of the Supreme court of entertaining appeals in contempt cases under Article 136, for example, by special leave, is erroneous. These are conclusions which would be rather startling. We are, therefore, inclined to assert that the theory that the superior Cou