The requirement to specify the name of the person guilty of contempt and the provisions of the Contempt of Courts Act, 1971, particularly Section 12, were central to the court's decision.

M.Y. Eqbal, C.J.

1. The instant Contempt Petition has been filed by the Petitioner against the Respondent, District Collector, Tiruvallur District punishing for willfully disobeying the order dated 20.07.2009 passed by this Court in W.P.No.3013 of 2009.

2. The Office has returned the papers with a note that the Petitioner must give the name of the District Collector against whom Contempt proceeding needs to be initiated. The Office has also doubted the maintainability of the Contempt Petition on the ground of defective cause title. Hence, the record has been placed before us.

3. Mr. R. Muthukrishnan, Petitioner-in-Person strenuously challenged the office note and submitted that the same is illegal and wholly without jurisdiction. He submitted that in Contempt proceeding Petitioner is not required under the Contempt of Courts Act, 1971 to disclose the name of the person who committed contempt. There is no provision under the Rules of the Madras High Court regulating the Contempt proceedings to present the contemnor by name. He further submitted that a Division Bench of this Court in one case by the order dated 04.10.2001 directed the Registry not to entertain any Contempt Application unless the contemnor is specifically named. In the said order the Registry was directed to issue circular to that effect, but no such circular has been issued till date. Petitioner/Party-in-Person contended that this Contempt Petition can be presented against the authority without specifying the name of such authority who has committed contempt.

4. Theshort question that falls for consideration is whether a Contempt Petition can be entertained and is maintainable even though filed against the State or the authority i.e., the District Collector without specifying the name as to who was the person acting as Collector violated the order of this Court.

5. The foundation of judiciary is the trust and confidence of the people in its ability to deliver fearless and impartial justice. The purpose of Contempt jurisdiction is to uphold the majesty and dignity of the Courts of Law. The Contempt jurisdiction is to be exercised to protect the administration of justice from being maligned. Every High Court has jurisdiction to punish for contempt. This special jurisdiction is inherent in a Court of Record from the very nature of the Court itself. Article 215 of the Constitution of India vests the High Court with all the powers of Courts of Record, including the power to punish for contempt by itself. All that is necessary is that procedure must be fair and contemnor is made aware of the charge against him and given a fair and reasonable opportunity to defend himself.

6. Section 2(b) of the Contempt of Courts Act, 1971 defines the word “Civil Contempt” which means willful disobedience to any judgment, decree, direction, order, writ or other process of a Court or willful breach of an undertaking given to a Court. According to Section 12 of the Contempt of Courts Act a contemnor may be punished with simple imprisonment for a term which may exceed to six months or with fine or with both. For better appreciation Section 12 of the Contempt of Courts Act is quoted herein below:

“12. Punishment for Contempt of Court.-

(1) Save as otherwise expressly provided in this Act or in any other law, a contempt of Court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both:

Provided that the Accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the Court.

Explanation – An apology shall not be rejected merely on the ground that it is qualified or conditional if the Accused makes it bona fide.

(2) Notwithstanding anything contained in any other law for the time being in force, no Court shall impose a sentence excess of that specified in sub-section (1) for any contempt either in respect of itself or of a Court subordin