Orders exceeding jurisdiction in contempt proceedings can be appealed to protect the dignity of the judiciary.

Headnote:(A) Constitution of India - Article 136 - Contempt proceedings - The Court took suo-motu cognizance regarding comments made by a Single Judge that lowered the dignity of the Apex Court - The Court referred to the decision in Midnapore Peoples' Coop. Bank Ltd. v. Chunilal Nanda, (2006) 5 SCC 399, which allows for appeals against orders exceeding jurisdiction in contempt proceedings - The impugned order was stayed to protect the reputation of the rule of law. (Paras 2, 3)

(B) Appeal - Jurisdiction - The Court emphasized that an appeal can be entertained if a Single Judge exceeds their jurisdiction, even if the order is not appealable. (Paras 2, 3)

Facts of the case:
The Court took suo-motu cognizance of comments made by a Single Judge that were deemed to undermine the dignity of the Apex Court, leading to the stay of the impugned order.

Findings of Court:
The order passed by the learned Single Judge in COCP-87-2022 is stayed until the next hearing to prevent further damage to the reputation of the Supreme Court.

Issues: The main issue addressed was whether the comments made by the Single Judge exceeded their jurisdiction and how to remedy such an order.

Ratio Decidendi: The Court ruled that an appeal is permissible against a Single Judge's order if it exceeds their jurisdiction, reaffirming the principle that the dignity of the Court must be upheld.

Result: The impugned order is stayed.

JUDGMENT

This suo-motu cognizance has been taken by this Court in respect of the orders dated 17.07.2024 passed by the learned Single Judge in COCP-87-2022, where certain comments have been made lowering the majesty and dignity of Apex Court.

2. This Court is conscious of its limited powers under the appeal, but considering the decision of Apex Court in Midnapore Peoples' Coop. Bank Ltd. and others v. Chunilal Nanda and others, (2006) 5 SCC 399, wherein it has been held in categorical terms that where the learned Single Judge passes an order, which is though not appealable before the Division Bench, but while doing so exceeds the power and jurisdiction which the learned Single Judge exercises, an appeal can very well be entertained. The relevant extract of the said judgement is detailed below for ready reference and convenience:-

"11. The position emerging from these decisions, in regard to appeals against orders in contempt proceedings may be summarized thus:-

X X X X X X

V. If the High Court, for whatsoever reason, decides an issues or makes any direction, relating to the merits of the dispute between the parties, in a contempt proceedings, the aggrieved person is not without remedy. Such an order is open to challenge in an intra-court appeal (if the order was of a learned Single and there is a provision for an intra-court appeal), or by seeking special leave to appeal under Article 136 of the Constitution of India (in other cases)."

3. In view of the above and to prevent any further damage to the reputation and majesty of the rule of law and the Supreme Court and also of this Court, the impugned order dated 17.07.2024 passed by the learned Single Judge in COCP-87-2022 shall remain stayed till the next date of hearing.

4. List on 22.08.2024.

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