(Updated in 2015) (As amended by K.G. Ext. No.38 dt. 29/09/2015) Published in K. G. Ext. No. 39 dt. 04/10/1988 In exercise of the powers conferred under Articles 215 and 225 of the Constitution of India, Section 23 of the Contempt of Courts Act, 1971, and all other powers enabling in that behalf, to regulate the proceedings for contempt of itself or of a Court subordinate to it, the High Court of Kerala makes the following Rules:

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S.1 Short title and commencement.--

(i) These rules shall be called the Contempt of Courts (High Court of Kerala) Rules.

¹[(ii) They shall come into force on the date of their publication in the Official Gazette.]

S.2 Definitions.--

In these Rules, unless there is anything repugnant to the subject or context:--

(a) "Act" means the Contempt of Courts Act, 1971 (Act No. 70 of 1971).

(b) "Code" means the Code of Criminal Procedure for the time being in force in the State of Kerala.

(c) "High Court" means the High Court of Kerala.

(d) "Judge" means Judge of the High Court.

(e) "Registrar" means the Registrar of the High Court and includes any officer not below the rank of Assistant Registrar as may, from time to time, be specified by the Chief Justice.

(f) "Subordinate Court" means any Court subordinate to the High Court.

(g) All other words and expressions used, but not defined, in these Rules shall have the meaning respectively assigned to them in the Act.

S.3 Receipt of proceedings etc.

Every petition/proceeding for initiating action for contempt shall ¹[subject to Rule 7] be received in the Registry of the High Court and registered as 'Contempt of Court Case'.

S.4 Parties to proceedings.--

The party who presents the petition shall be described as "petitioner" and the alleged contemner shall be described as "Respondent".

S.5 Contents of the petition.--

The petition shall contain:--

¹[(a) the name (including the name of Father/Mother/Husband), age, occupation and address of the petitioner and the name, occupation and full address of the respondent.]

If the alleged contemner is an Officer, he shall be described by name.

(b) the grounds and all relevant facts constituting the alleged contempt, divided into paragraphs numbered consecutively, along with supporting documents or certified/photostat (attested) copies of the original thereof;

(c) provision of the Act invoked and the nature of the contempt, "civil" or "criminal";

(d) if any petition for the same or similar relief had previously been made in any Court, the particulars and the result thereof;

(e) in the case of "civil contempt", certified copy of the judgment, decree, order, writ or undertaking alleged to have been disobeyed shall be filed along with the petition;

(f) in the case of "contempt of subordinate Cour

S.6

The Petitioner shall before filing, the petition in Court, serve a copy of the petition and the anexures on the Advocate-General where the petition is against the State Government or an officer of the State Government and on the concerned Standing Counsel where the petition is against the Union of India or any officer of the Central Government or other public authority.

(ii) The Registry shall accept the petition only on proof that a copy has been served as per sub-rule (1)]

S.7 Taking cognizance.--

Every proceeding for contempt shall be dealt with by a Bench of not less than two Judges:

Provided that a proceeding under Section 14 of the Act shall be dealt with by the Judge or Judges, in whose presence or hearing the offence is alleged to have been committed and in accordance with the provisions thereof:

Provided further that where civil contempt is alleged in respect of the Judgment, decree, direction, order, writ or other process of a Single Judge, the matter shall be posted before that Judge who shall hold the preliminary enquiry in the matter. The Judge, if satisfied that no prima facie case has been made out, or it is not expedient to proceed with the matter, may dismiss the petition. If a prima facie case is made out and unconditional apology is not tendered by the respondent and accepted by the Court, the Judge may direct that the matter be posted before the Bench dealing with contempt matters:

Provided that were the Judge concerned is not available,

S.8 Initiation of suo motu proceedings, on information

(i) Any information other than a petition under Rule 3 or reference ¹[or any petition for initiation of criminal contempt other than those mentioned in Section 15 of the Contempt of Courts Act] shall, in the first instance, be placed before the Chief Justice on the administrative side.

(ii) If the Chief Justice, or such other Judge as may be designated by him for the purpose, considers it expedient or proper to take action under the Act, he shall direct that the said information be placed for preliminary hearing:

Provided that if action for Contempt of Court is directed to be taken by any Judge or Judges in any proceedings before the High Court, the same shall be placed before the appropriate Bench.

(iii) When suo motu action is taken by the High Court, the statement of facts constituting the alleged contempt and the copy of the draft charges shall be prepared and signed by the registrar.

S.9 Reference by Subordinate Court

(i) Before making a reference under Section 15 of the Act, the subordinate Court may hold such inquiry as it deems fit into the circumstances leading to the reference

(ii) Such reference shall contain:

 (a)  the name and address of the person alleged to have committed the contempt,

 (b)  the facts constituting the alleged contempt,

 (c)  the circumstances leading to the reference,

 (d)  all the relevant records, and

 (e)  draft charges.

S.10

In suo motu proceedings and references by subordinate Courts, the Registry shall, unless otherwise directed, serve a copy of the relevant papers, on the Advocate-General/Central Government Standing Counsel/Standing Counsel of the Public Authority concerned before sending the matter to Court for preliminary hearing].

S.11 Preliminary hearing and notice.--

(i) Every petition, reference, information or direction shall be placed for preliminary hearing before the appropriate Bench.

(ii)(a) The Court, if satisfied that a prima facie case has been made out, may direct issue of notice to the respondent; otherwise, it shall dismiss the petition or drop the proceedings.

(b) The notice shall be in Form No. I and shall be accompanied by a copy of the petition, reference, information or direction and annexures, if any, thereto.

S.12 Service of notice.--

Service of notice shall be effected in the manner specified in the rules of the High Court or in such other manner as may be directed by the Court.

S.13 Compelling attendance.--

(i) The Court may, if it has reason to believe, that the respondent is absconding or is otherwise evading service of notice, or has failed to appear in person in pursuance of the notice, direct a warrant, bailable or non-bailable, for his arrest, addressed to one or more Police Officers or may order attachment of property belonging to such person. The warrant and the writ of attachment shall be issued under the signature of the Registrar. The warrant shall be in Form No. II and shall be executed as far as may be, in the manner provided for execution of warrants under the Code.

(ii) The warrant shall be executed by the Officer or Officers to whom it is directed and may also be executed by any other Police Officer whose name is endorsed upon the warrant by the Officer to whom it is directed or endorsed.

(iii) Where a warrant is to be executed outside the State of Kerala, the Court may forward it to the Magistrate of the District or the Superintendent of Police or the Com

S.14 Appearance of the Respondent.--

The respondent shall appear in person before the High Court on the first day of hearing and on such subsequent dates to which the case stands posted, unless exempted by an order of the Court.

S.15 Reply by the Respondent

The respondent may file his reply duly supported by an affidavit on or before the first date of hearing or within such extended time as may be granted by the Court.

S.16 Hearing of the case and trial.--

Upon consideration of the reply filed by the respondent and after hearing the parties,

(a) if the respondent has tendered an unconditional apology after admitting that he has committed the contempt, the Court may proceed to pass such orders as it deems fit;

(b) if the respondent does not admit that he has committed contempt, the Court may-

 (i) proceed to frame the charge (subject to modification or addition by the Court at any time), if it is satisfied that there is a prima facie case; or

 (ii)  drop the proceedings and discharge the respondent, if it is satisfied that there is no prima facie case, or that it is not expedient to proceed.

(c) the respondent shall be furnished with a copy of the charge framed, which shall be read over and explained to the respondent. The Court shall then record his plea, if any;

(d) if the respondent pleads guilty, the Court may adjudge him guilty and proceed to pass such sentence as it d

S.17 Conduct of proceedings.--

The Advocate-General, or any other Advocate as may be designated by the Court shall appear and conduct the proceedings against the respondent.

S.18 Procedure for trial.--

(i) Except as otherwise provided in the Act and these rules, the procedure prescribed for summary trials under Chapter XXI of the Code shall as far as practicable be followed in the trial of cases for contempt.

(ii) The Court may, at its discretion, direct that evidence be produced in the form of affidavits.

(iii) The Court may, either suo motu or on motion made for that purpose, order attendance for cross-examination of a person whose affidavit has been filed in the matter.

(iv) The Court may, at its discretion, direct that any person be examined as Court witness.

(v) The Court may make such order as it deems fit for the purpose of securing the attendance of any person to be examined as a witness and for discovery or production of any document.

S.19 Execution of sentence.--

(i) If the respondent is found guilty and is sentenced to imprisonment other than imprisonment till rising of the Court, a warrant of commitment and detention shall be made out in Form No. III under the signature of the Registrar. Every such warrant shall remain in force until it is cancelled by order of the Court or until it is executed. The Superintendent of Jail specified in the order shall, in pursuance of the warrant, detain the contemner in custody for the period specified therein subject to such further direction as the Court may give.

(ii) When the Court awards a sentence of fine and the fine amount is not paid at once or within such time as may be granted by the Court, the Registrar shall take action in any one of the ways provided in Section 421 of the Code.

(iii) Warrants to be issued under sub-rule (ii) shall be in Form No. IV and V, as the case may be.

(iv) The report of the action taken by the Superintendent of the Jail or the Police Officer or Dis

S.20 Execution of processes.--

Processes issued by the Court shall, except as otherwise specifically provided, be executed by the Superintendent of Police/Commissioner of Police, as the case may be.

S.21 Costs.--

(i) The Court may pass such order as it deems fit including a direction to the petitioner to pay the costs of the respondent.

(ii) If the Court is satisfied that the petition has been filed frivolously or vexatiously, the Court may further direct the petitioner to pay costs of the State of Kerala.

(iii) The costs so awarded shall be recovered as if it were a fine imposed under the Code.

S.22 Procedure on Forfeiture of the Bond.--

If any bond given for the appearance of respondent is forfeited due to the absence of the respondent, the Court may after giving opportunity to the respondent or the surety, as the case may be, levy the whole or any part of the amount mentioned in the bond as penalty and direct the same to be recovered as if it were a fine imposed on the respondent under the Code.

S.23 Application of the High Court Rules.--

In matters not specifically provided for in these rules, the procedure prescribed in the Rules of the High Court, 1971, as amended from time to time, shall mutatis mutandis apply to the proceedings under these rules.

S.24 Repeal and Savings.--

(i) All rules in force regulating the proceedings for contempt of subordinate Courts and of the High Court are hereby repealed.

(ii) These Rules shall, as far as practicable, be applicable to pending proceedings.

S.25