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C. J, SULAIMAN
Kapildev Malaviya – Appellant
Versus
Chief Justice and Judges of the High Court – Respondent
JUDGMENT
Sulaiman, C.J. - This is an application for leave to appeal to His Majesty in Council from an order convicting the applicants, an Advocate and Editor and a Printer and Publisher of the offence of contempt of Court, and sentencing the advocate to a fine of Rs. 150 and ordering each of the three persons to pay Rs. 100 as costs. The offence is found to have been committed on account of the publication of an article by him headed "A scandalous citation" in the Leader. The counsel for the applicant contends that his application for leave falls u/s 109, Civil P.C., and urges before us that the order of the High Court has been passed in the exercise of its civil jurisdiction, particularly as the original notice issued to him was headed "Civil Side Revisional Jurisdiction."
2. The learned Government Advocate takes preliminary objection that no application for leave to appeal lies inasmuch as : (1) contempt is a criminal matter and the punishment is in the exercise of the criminal jurisdiction of the High Court, and (2) that the inherent jurisdiction exercised by this Court as a Court of record is exclusive and the order passed is final.
3. The first question for consideration is whet
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