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IN THE HIGH COURT OF DELHI AT NEW DELHI
C.HARI SHANKAR, OM PRAKASH SHUKLA
Union of India – Appellant
Versus
Mukul Dev – Respondent
| Table of Content |
|---|
| 1. interpretation of aft powers (Para 1 , 2 , 3 , 4) |
| 2. aft's need for enforcement of orders (Para 5 , 6 , 7 , 8) |
| 3. arguments on civil contempt powers (Para 10 , 11 , 12 , 13) |
| 4. scope of contempt power under aft act (Para 19 , 23 , 25) |
| 5. self-contained code of aft act (Para 20 , 21 , 22) |
| 6. definition of contempt and proceedings (Para 30 , 32) |
| 7. powers under section 10 of contempt act (Para 38 , 39 , 42) |
| 8. final conclusions on aft's powers and responsibilities (Para 63 , 87) |
| 9. dismissal of the writ petition (Para 89) |
JUDGMENT :
C. HARI SHANKAR, J.
A. The Issue
1. We are required, in this writ petition, which emanates from a detailed judgment dated 31 July 2024 of a Full Bench of three learned Members of the Armed Forces Tribunal, New Delhi [“the AFT Act” hereinafter] to interpret Sections 19 [Power to punish for contempt: (1) Any person who is guilty of contempt of the Tribunal by using any insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such Tribunal shall, on conviction, be liable to suffer imprisonment for a term which may extend to three years. (2) For the purposes of trying an offence under this section, the prov
The Armed Forces Tribunal has the power to punish for contempt under Section 19 of the AFT Act, but this does not extend to disobedience of final orders, which instead fall under the Contempt of Cour....
Contempt - Appellant can be exonerated for contempt of court giving benefit of doubt as he tendered unconditional apologies sincerely for the delay in implementation of the order of the court with al....
A Single Judge lacks jurisdiction to fully adjudicate civil contempt cases, limited to a prima facie inquiry, with final determinations reserved for a Division Bench after fulfilling statutory prereq....
Contempt of court involves willful disobedience of court orders, which undermines judicial authority, emphasizing the need for compliance to maintain public confidence in the justice system.
The Regulation-making power cannot be exercised so as to bring into existence substantive rights or obligations or disabilities which are not contemplated in terms of the provisions of the said Act.
Contempt jurisdiction must adhere to strict procedural norms and should not incorporate issues merits of the underlying dispute, as confirmed by established legal precedents.
The contempt jurisdiction is to ensure compliance with the order of the Writ Court and cannot be used to review or challenge the correctness of the order passed in compliance with the direction of th....
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