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MAHENDAR KUMAR GOYAL
Pukhraj Prajapati S/o Shri Bheru Lal Prajapati – Appellant
Versus
Narendra Dayama – Respondent
JUDGMENT :
MAHENDAR KUMAR GOYAL, J.
1. This contempt petition has been filed alleging willful disobedience of the directions issued by the Hon’ble Supreme Court of India in Writ Petition (Criminal) No. 539/1986 with Writ Petition (Criminal) No. 592/1987 dated 18.12.1996 in D.K. Basu vs. State of West Bengal with Ashok K. Johri vs. State of U.P.
2. The facts/allegations, as per the contempt petition, are that the petitioner was arrested by the respondent No. 1 on 01.04.2013 but fabricated the documents showing his arrest on 02.04.2013 and in the arrest memo, the respondents No. 2 & 3 had put their signatures as “motbir witness.” It is averred that during his police custody, he was subjected to physical violence as is apparent from his medical examination conducted on 06.04.2013 which reveal six bodily injuries. It is averred that his complaint against the violation of his fundamental rights as also the directions issued by the Hon’ble Supreme Court of India in case of D.K. Basu (supra), came to be dismissed by the Assistant Police Commissioner, Vaishali Nagar, Jaipur (West) vide order dated 04.02.2015 on the premise that on his complaint containing similar allegations, the Court of lea
The limitation prescribed under Section 20 of the Contempt of Courts Act cannot go against the constitutional mandate contained in Article 215 of the Constitution. The court emphasized that the mere ....
Any contempt proceedings initiated must comply with the one-year limitation period stipulated under the Contempt of Courts Act, 1971, barring exceptional circumstances.
The main legal point established in the judgment is that the limitation prescribed under Section 20 of the Contempt of Courts Act is to be scrupulously followed, and the powers under Article 215 of t....
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