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CONTEMPT OF COURTS ALLAHABAD HIGH COURT RULES, 1977

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R.1 .

The rules contained in this chapter shall govern presentation and hearing of Contempt of Court cases coming to the High Court under the Contempt of Courts Act, 1971.


R.2 .

       Every application, reference or motion for taking proceedings under the Contempt of Courts Act, 1971, shall mention at the head whether it relates to the commission of "civil contempt" or "criminal contempt" :
       Provided that, if there are allegations both of commission of civil contempt and criminal contempt against the same person/persons two separate applications shall be moved, one dealing with civil contempt and the other with criminal contempt.


R.3 .

       (1) Every such motion or reference made under Section 15(1) of the Act shall contain in precise language the statement setting for the facts constituting the contempt of which the person charged is alleged to be guilty and shall specify the date or dates on which the contempt is alleged to have been committed.
       (2) Every motion made by the Advocate-General under sub-section (2) of Section 15 of the Act shall state the allegations of facts and the view of the informant that in relation to these facts contempt appears to have been committed of which the Court should take cognizance and take further action. The motion should contain sufficient material to indicate why the Advocate-General is inclined to move the Court.
       (3)(a) A petition for taking Contempt of Court proceeding shall be supported by an affidavit. In case of criminal contempt,

R.4 .

       (a) Every case relating to civil contempt shall be presented before the Bench of a Single Judge constituted for that purpose.
       (b) Every case of criminal contempt coming under Section 15 of the Act shall be presented before the Bench of not less than two Judges constituted for the purpose:
       Provided that every case of Contempt of Court presented before the Court shall bear the report of the Stamp Reporter as to sufficiency of Court-fee paid and also about limitation. References relating to Contempt of Court received on Administrative side from the subordinate courts shall, along with the office report with respect thereto, be laid before the Chief Justice who shall have the discretion to file the same or to order that the same be laid before the Bench concerned, for further proceeding in connection with the case.


R.5 .

       Such allegation contained in the petition as appear to the Court to make out a prima facie case of Contempt of Court against the person concerned, shall be reduced into charge or charges by the Court against such person, and notice shall be issued only with respect to those charges:
       Provided that the Court shall not issue notice if more than a year has elapsed from the alleged act of Contempt of Court.


R.6 .

Where an order has been made directing that notice be issued to any person to show-cause why he should not be punished for Contempt of Court, a date shall be fixed for the hearing and a notice thereof in the prescribed form given to the person concerned. The notice of criminal contempt shall also be served on the Government Advocate. The notice shall be accompanied by copies of the application motion and the affidavit or a copy of the reference by a subordinate court, as the case may be, and a copy of the charge or charges as framed by the Court, and shall require the person concerned to appear unless otherwise ordered, in person before the Court at the time and on the date specified therein to show cause why he should not be punished for Contempt of Court. Notice of every proceeding under Section 15 of the Act shall be served personally on the person charged, unless the Court for reasons to be recorded directs otherwise.


R.7 .

       When it is alleged or appears to the Court upon its own view that a person has been guilty of contempt committed in its presence or hearing, the Court may cause such person to be detained in custody, and at any time before the rising of the Court, on the same day or as early as possible thereafter, shall-
       (a) cause him to be informed in writing of the contempt with which he is charged, and if such person pleads guilty to the charges, his plea shall be recorded and the Court may, in its discretion, convict him thereon;
       (b) if such person refuses to plead, or does not plead, or claims to be tried or the Court does not convict him, on his plea of guilt, afford him an opportunity to make his defence to the charge, in support of which he may file an affidavit on the date fixed for his appearance or on such other date as may be fixed by the Co

R.8 .

Notwithstanding anything contained in rule 7, where a person charged with contempt under that rule applies, whether orally or in writing to have the charges against him tried by some Judge other than the Judge in Judges to whose presence or hearing the offence is alleged to have been committed, and the Court is of opinion that it is practicable to do so and that in the interests of proper administration of justice the application should be allowed, it shall cause the matter to be placed, together with a statement of the facts of the case, before the Chief Justice for such directions as he may think fit to issue as respects the trial thereof.


R.9 .

Pending the determination of the charge under Clause (c) of Rule 7 the Court may direct that the person charged with contempt under Section 14 of the Contempt of Courts Act, 1971, shall be detained in such custody as it may specify.


R.10 .

After giving information about the commission of Contempt of Court by any person or persons, the informant shall not have any right to appear or plead or argue before the Court unless he is called upon by the Court specially to do so.


R.11 .

       When any person charged with contempt appears or is brought before the High Court and is prepared, while in custody or at any stage of the proceedings to give bail, such person shall be released on bail, if a bond for such sum of money as the Court thinks sufficient is executed with or without sureties conditioned that the person charged shall attend at the time and place mentioned in the bond and shall continue to so attend until otherwise directed by the Court:
       Provided that the High Court may, if it thinks fit, instead of taking bail from such person, discharge him on his executing a bond without sureties for his attendance as aforesaid, or without executing such bond:
       Provided further that on the failure of a person to comply with the conditions of the bail bond as regards the time and place of attendance, what Court may refuse to r

R.12 .

       The Court may, if satisfied that the person charged is absconding or is likely to abscond or is keeping out or is likely to keep out of the way to avoid service of the notice, order the attachment of his property of such value or amount as it may deem reasonable. In case of criminal contempt the Court may, in lieu of or in addition to the order of attachment of property, order issue of warrant of arrest of such person:
       Provided that, in case the Court considers it fit and expedient, it may issue warrant of arrest in the first instance.
       Such warrant may be endorsed in the manner laid down in Section 71 of the Code of Criminal Procedure. The attachment referred to above shall be effected in the manner provided in the Code of Civil Procedure, 1908, for the attachment of property in execution of a decree for payment of money. If, after such

R.13 .

The rules contained in the Rules of Court pertaining to grant of copies and charging process fees in criminal matters and preparation of Paper Book in Contempt of Court cases and such other matters, in respect of which no provision has been made in this Chapters, shall apply mutatis mutandis to the proceedings under this Chapter and the appeals coming under Section 19 of the Act. Similarly, when proceedings are pending in subordinate Court the Rules made by the High Court for conduct of business of such subordinate Court shall apply to those proceedings.


R.14 .

Where costs have been awarded by the Court in proceedings for Contempt of Court but have not been paid, the person entitled to them may apply to the Court for execution of the order. The application shall be accompanied by an affidavit stating the amount of cost awarded and the amount remaining unpaid, and it shall be laid before the Court for orders. The Court may direct the Chief Judicial Magistrate to realise the amount due by himself or by any Magistrate subordinate to him. Such amounts shall be realised as if it were an amount of fine.


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