K.S.TIWANA, J.

1. This civil writ petition has been filed by Shri Ram Piara Comrade challenging the vires of R. 6, sub-rule (6) of the Contempt of Court (Punjab and Haryana) Rules, 1974, hereinafter referred to as the Rules framed by the Punjab and Haryana High Court under the Contempt of Courts Act, 1971, hereinafter referred to as the Act, From the reading of the petition and rejoinder to the return filed by the High Court, the case of the petitioner, which we have been able to make out, is that R. 6(6) is ultra vires of the provisions of the Act. The grounds urged to support the challenge are that the rule making power of the High Court has not been properly exercised and it lacks wisdom. It is also one of the grounds in the petition that the Cr. P. C. hereinafter referred to as the Code, does not apply to the cases under the Act as no reference to it is made in the Act and the use of the provisions of the Code in the rule is inconsistent with the Act. In the rejoinder, it is taken as a plea :-

"(5) Therefore not only that provisions of Criminal Procedure Code do not apply but also Rules of Procedure contemplated in S.23 exclude matters for which provision is made in S.1