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2010 Supreme(Ker) 577

J.CHELAMESWAR, A.K.BASHEER, K.M.JOSEPH
P. Rahim – Appellant
Versus
M. V. Jayarajan – Respondent


Advocates Appeared:
For the Petitioner:N. Dharmadan, Sr. Advocate. For the Respondent: No Appearance.

Judgment :

J. Chelameswar, C.J.

1. This matter is listed before us pursuant to an order passed by a Division Bench of this Court, to which one of us (J. Chelameswar, C.J.) is a member.

2. The above-mentioned order came to be passed by the Court pursuant to a note made by the Registry dated 2.7.2010 in an un-numbered contempt case. The said contempt case is filed with a prayer as follows:

"The petitioner only begs leave to submit that this is an eminently fit case for proceeding against the 1st respondent under the Contempt of Court Act notwithstanding the absence of Advocate General's consent. In case it is found that consent of the Advocate General is necessary to maintain this petition suo motu contempt action may be initiated against the 1st respondent or permission may be granted to the petitioner for moving for consent of the Advocate General. The petitioner most respectfully prays that 1st respondent may be punished for the Contempt of Court committed by him by the imposition of imprisonment as provided for under Sec.12 of the Act".

3. On receipt of the papers, the Registry entertained certain doubts regarding the maintainability of the contempt case. Relevant for the present


























































































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