IMPORTANT POINTS
Contempt proceedings against a subordinate judicial officer cannot be casually initiated by the High Court. This Court has to be, prima facie, satisfied that there was wilul disobedience to the order of this Court by the officer concerned. Before a subordinate court can be found to have disobeyed the order of the superior court, it is necessary to show that the disobedience was intentional.

ORDER :

This is a case in which contempt of court proceedings are sought to be initiated against the respondent, who is a Judicial Officer, on the ground that he has wilfully disobeyed the order passed by this Court to dispose of a case within a specified time.

2. The petitioner is the accused in the case C.C.No.50/2015 pending on the file of the Court of the Judicial First Class Magistrate-I, Haripad. The allegation against him is that he has committed the offences punishable under Sections 468, 471, 409 and 420 I.P.C.

3. The petitioner had filed Crl.M.C.No.265/2018 before this Court for quashing the proceedings against him in the aforesaid case. As per the order dated 15.10.2018, this Court disposed of the aforesaid petition, by issuing a direction to the Judicial First Class Magistrate-I, Haripad to dispose of the case C.C.No.50/2015 within a period of eight months from the date of receipt or production of a copy of that order.

4. This petition is filed for initiating contempt of court proceedings against the respondent, who is the Judicial First Class Magistrate-I, Haripad on the allegation that he has wilfully disobeyed and deliberately flouted the order dated 15.10.2018 passed by this Court in Crl.M.C.No.265/2018.

5. Heard learned counsel for the petitioner and the learned Public Prosecutor.

6. This Court had directed the respondent to submit a report in the matter. In his report dated 02.09.2019, the respondent has stated that he could not dispose of the case within the period stipulated by this Court for the reason that further investigation conducted by the police in the case was going on. The respondent has stated in his report that he received a copy of the order in Crl.M.C.No.265/2018 only on 12.11.2018 and thereafter, he had taken earnest steps to expedite the trial of the case and dispose of the same within the period stipulated by this Court. In his report, the respondent has narrated the steps taken by him to expedite the trial of the case. However, he has admitted that the period fixed by this Court for disposal of the case expired on 12.07.2019 but he could not make a request to this Court, before that date, for extension of time for disposal of the case.

7. Section 2(b) of the Contempt of Courts Act, 1971 (hereinafter referred to as 'the Act') defines 'civil contempt'. As per Section 2(b), civil contempt means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of undertaking given to a court.

8. The expression 'wilful' in Section 2(b) of the Act means an act or omission which is done voluntarily and intentionally and with the specific intent to do something the law forbids or with the specific intent to fail to do something the law requires to be done, that is to say, with bad purpose, either to disobey or to disregard the law. It signifies a deliberate action done with evil intent or with a bad motive or purpose (See Ashok Paper Kamgar Union v. Dharam Godha: AIR 2004 SC 105).

9. In order to initiate contempt proceedings, prima facie, it has to be established that disobedience of the order was 'wilful'. The word 'wilful' introduces a mental element and hence, requires looking into the mind of person/contemnor by gauging his actions, which is an indication of one's state of mind. 'Wilful' means knowingly intentional, conscious, calculated and deliberate with full knowledge of consequences flowing therefrom. It excludes casual, accidental, bonafide or unintentional acts or genuine inability. Wilful acts do not encompass involuntary or negligent actions. The act has to be done with a bad purpose or without justifiable excuse or stubbornly, obstinately or perversely. Wilful act is to be distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently. It does not include any act done negligently or involuntarily. The deliberate conduct of a person means that he knows what he is doing and intends to do the same. Therefore, there has to be a