O R D E R

The present Contempt Petition has been filed against the order passed by this Court on 06.01.2012 in W.P.No.6413 of 2004.

2.The writ petition was allowed by this Court and the petitioner has not taken any action for the implementation of the order of this Court dated 06.01.2012. However, the present Contempt Petition has been filed on 13.03.2018, after a lapse of about six years from the date of the order of this Court.

3.Thus, this Court has to consider the maintainability of the Contempt Petition in relation to the limitations prescribed under Section 20 of the Contempt of Courts Act, 1971. Section 20 of the Contempt of Courts Act, 1971 provides limitation for actions for contempt “ No Court shall initiate any proceedings for contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed.”

4.In the present Contempt Petition, this Court passed an order on 06.01.2012 and the legal notice was sent by the petitioner on 10.11.2014 and thereafter, two representations were sent on 11.07.2016 and 26.10.2016. Once again, the petitioner issued a legal notice on 16.07.2017 for the purpose of filing the present Contempt Petition and accordingly, the Contempt Petition has been filed on 13.03.2018.

5.Thus, it is clear that a limitation is prescribed for filing a contempt application against an order passed by the Court and one year period is prescribed from the date of cause of action arose. In the case on hand, the cause of action arose in January 2012 and the contempt application was filed on 16.03.2018. Thus, there is a delay of about 6 years even in filing the present contempt application.

6.Next question to be considered in this regard is that, whether this Court can invoke Article 215 of Constitution of India for entertaining the contempt application beyond the period of one year.

7.Article 215 of the Constitution of India provides that High Courts to be Courts of record '' Every High Court shall be a Court of record and shall have all the powers of such a Court including the power to punish for contempt of itself.”

8.Thus, the Constitution provides powers to the High Court to punish for contempt itself. No doubt, such a power is granted for the effective implementations of the orders of the Hon'ble High Court. However, this Court has to consider, whether such a power can be exercised beyond the period of limitation prescribed under Section 20 of the Contempt of Courts Act 1971, and under what circumstances.

9.The general principle of law in this regard is that whenever there is a Special Act enacted in respect of limitation, the powers conferred under the Constitution as well as the Special Act to be read cogently and harmoniously. Harmonious reading of these provisions, no doubt, the High Courts are empowered to exercise the power of contempt as the High Court is the Court of record. However, such power can be exercised only with reference to Section 20 of the Contempt of Courts Act. This will not mean that, the High Courts cannot exercise the powers of contempt beyond the limitation period of one year. The powers of contempt beyond the limitation period can be exercised only on exceptional circumstances, and sparingly. The powers conferred under the Constitution in normal circumstances are to be exercised only with reference to the Special Act viz., the Contempt of Courts Act. Only in extraordinary circumstances; the High Courts can go beyond the period of one year and exercise the powers of Contempt under Article 215 of the Constitution of India. The practice prevailing now is that, irrespective of the period limitation prescribed under Section 20 of the Contempt of Courts Act, the contempt applications are filed in a routine manner by stating that no limitation is applicable in respect of the contempt applications filed before the High Courts. Such a concept is not in accordance with the legal principles settled in this regard.

10.W