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2019 Supreme(Online)(Ker) 84909

KERALA HIGH COURT
*S. Manikumar, C. J., C. T. Ravikumar, J.
Dinesh Kumar G. P. v. Biswas Metha I.A.S. and Others
Contempt petition (F. No. 51940 of 2019)



Any contempt proceedings initiated must comply with the one-year limitation period stipulated under the Contempt of Courts Act, 1971, barring exceptional circumstances.

Headnote:(A) Contempt of Courts Act, 1971 - Section 20 - Contempt petition filed after 12 years for enforcement of a judgment - Limitation is a condition precedent for initiating contempt proceedings - Courts cannot entertain applications beyond one year, unless in extraordinary circumstances - Application for contempt must be filed diligently and within the prescribed period. (Paras 12, 16, 28)

(B) Jurisdiction of Courts - Whether the High Court can exercise powers under Art. 215 of the Constitution in contempt cases initiated beyond the limitation period - Courts may act only in exceptional circumstances - The position is well settled after a comprehensive inquiry into the limitation provisions of the Contempt of Courts Act. (Paras 12, 15, 28)

Facts of the case:
The petition was filed against R3 and R4 for disobedience of a court order issued in 2007. Despite claims of the court order being still alive, the contempt petition was not filed within one year, as required by law.

Findings of Court:
The court reinforced the principle that the action for contempt must be initiated within one year as per Section 20 of the Contempt of Courts Act. The contempt petition was thus found to be barred by limitation.

Issues: The central issue is whether the contempt petition was timely filed and within the statutory limitation period.

Ratio Decidendi: The court concluded that limitation is a prerequisite for commencing contempt proceedings and reiterated that the statutory period is not subject to extension without exceptional justification.

Result: The contempt petition is rejected.

Table of Content
1. contempt petition filed alleges disobedience of an earlier court order. (Para 1 , 2)
2. petitioner asserts timely filing of contempt petition despite delays. (Para 3 , 5)
3. court emphasizes compliance with statutory limitation for contempt. (Para 6 , 11)
4. court dismisses the petition on the grounds of being time-barred. (Para 12)

1. Alleging disobedience of the judgment made in W. P. (C) No. 6694 of 2007 dated 15/03/2007, instant Contempt petition (F. No. 51940 of 2019) is filed.

2. Material on record discloses that the Registry has raised a doubt as regards limitation. For brevity, note of the Registry is extracted hereunder:
“This Contempt of Court Case is filed by a Party in Person. Certain defects have been noted in this file. As per defect No.2, the Party in Person was requested to clarify why R3 and R4, who were not a party in the Writ Petition, are arrayed in the Cause title. As per Defect No.11, it was also requested to clarify as to whether the Contempt Case is time barred in view of the fact that the Writ Petition was disposed on 12/06/2007. All other defects have been cured.
To query No.2, the Party in Person has answered that R3 and R4 wilfully not complied with directions in WP(C) 6694/2007. SDM has passed order to DySP, Alathur to strictly comply the orders of Honourable High Court. But the Order passed by SDM on 29/08/2019 has not been complied with by R3 and R4. So, R3 and R4 are made party in this case. To defect No.11, it is answered that the last orders issued by Sub Divisional Magistrate on 29/08/2019 on the strength of Judgment, directed the DYSP to strictly comply with the Orders. R3 and R4 not complied with the above. So, there is no other option than to approach this Hon'ble Court for Contempt of Court Proceedings.
It is submitted that as per S.20 of the Contempt of Courts Act, 1971, limitation period for initiation of Contempt proceedings is one year from the date on which the Contempt is alleged to have been committed.”



3. Contending inter alia that there is no delay in filing the Contempt petition, petitioner has re - submitted the Contempt Case (F. No. 51940 of 2019). Recording the reasons assigned by the contempt petitioner, Registry has placed the papers before us for appropriate orders.

4. Party in person Sri. G. P. Dinesh Kumar made submissions that the Contempt petition is filed within time and not barred by limitation.

5. We have heard the party in person.

6. W. P. (C) No. 6694 of 2007 has been disposed of on 15/03/2007. As per the provisions of S.20 of the Contempt of Courts Act, 1971, limitation period for initiation of Contempt proceedings is one year from the date on which the contempt is alleged to have been committed. On the query raised by the Registry, Contempt petitioner has contended that there is no delay in filing the Contempt petition, as the authorities including Lok Ayukta and Sub Divisional Magistrate have passed orders on 26/04/2019 stating that police protection order of the Honourable High Court is still alive.

7. Material on record further discloses that when the petitioner (party in person) approached the Kerala Lok Ayukta for interim direction directing respondents therein to comply with the order of the High Court of Kerala without any delay, vide order dated 14/02/2017, Kerala Lok Ayukta has closed the I. A. No. 674 of 2017 in Complaint No.1130 of 2016. For brevity, order dated 14/02/2017 of the Kerala Lok Ayukta is reproduced:
“ORDER
The direction sought for by the complainant is a direction to the respondents, particularly the 1st respondent, in this Complaint to comply with the order passed by the Hon'ble High Court. We are of the view that if the complainant has grievance, remedy is available to him. Such remedy lies before the Hon'ble High Court. Giving of that remedy, we close this I.A. without entering any finding regarding merits.”


8. Though by order dated 14/02/2017 in I. A. No. 674 of 2017 in Complaint No. 1130 of 2016, Kerala Lok Ayukta has observed tha












































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