Contempt of Courts Act, 1971

Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975

GSR 142- In exercise of the powers under section 23 of the Contempt of Courts Act, 1971 read
with article 145 of the Constitution of India and all other powers enabling it in this behalf, the
Supreme Court hereby makes, with the approval of the President, the following rules: -

1.(1) These Rules may be called the Rules to Regulate Proceedings for Contempt of the
Supreme Court, 1975.

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

PART I

2.(1) Where contempt is committed in view or presence or hearing of the Court, the contemner
may be punished by the Court before which it is committed either forthwith or on such date as
may be appointed by the Court in that behalf.

(2) Pending the determination of the charge, the Court may direct that the contemner shall be
detained in such custody as it may specify:

PROVIDED that the contemner may released on bail on such terms as the Court may direct.

PART II

3. In case of contempt other than the contempt referred to in rule 2, the Court may take action:

(a) suo motu, or

(b) on a petition made by Attorney General, or Solicitor General, or

(c) on a petition made by any person, and in the case of a criminal contempt with the consent
in writing of the Attorney General or the Solicitor General.

4.(a) Every petition under rule 3(b) or (c) shall contain:-

(ii) nature of the contempt alleged, and such material facts, including the date or dates of
commission of the alleged contempt, as may be necessary for the proper determination of the
case;

(iii) if a petition has previously been made by him on the same facts, the petitioner shall give
the details of the petition previously made and shall also indicate the result thereof;

(b) The petition shall be supported by an affidavit.

(c) Whether the petitioner relies upon a document or documents in his possession or power, he
shall file such document or documents or true copies thereof with the petition.

(d) No court fee shall be payable on the petition, and on any documents filed in the proceedings.

5. Every petition under rule 3(b) and (c) shall be posted before the Court for preliminary hearing
and for orders as to issue of notice. Upon such hearing, the Court if satisfied that no prima facie
case has been made out for issue of notice, may dismiss the petition, and, if not so satisfied
direct that notice of the petition be issued to the contemner.

6.(1) Notice to the person charged shall be in Form I. The person charged shall, unless
otherwise ordered, appear in person before the Court as directed on the date fixed for hearing
of the proceeding, and shall continue to remain present during hearing till the proceeding is
finally disposed of by order of the Court.

(2) When action is instituted on petition, a copy of the petition along with the annexure and
affidavits shall be served upon the person charged.

7. The person charged may file his reply duly supported by an affidavit or affidavits.

8. No further affidavit or document shall be filed except with the leave of the Court.

9. Unless otherwise ordered by the Court, seven copies of the Paper Book shall be prepared in
the Registry, one for the petitioner, one for the opposite party and the remaining for the use of
the Court. The Paper Book in the case shall be prepared at the expense of the Central
Government and shall consist of the following documents:-

(i) Petition and affidavits filed by the petitioner.

(ii) A copy of, or a statement relating to, the objectionable matter constituting the alleged
contempt.

(iii) Reply and affidavit of the opposite party.

(iv) Documents filed by the parties.

(v) Any other document which the Registrar may deem fit to include.

10. The Court may direct the Attorney萌eneral or Solicitor-General to appear and assist the
Court.

11.(1) The Court may, if it has reason to believe, that the person charged is absconding or is
otherwise evading service of notice, or if he fails to appear in person or to continue to remain
present 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. The
warrant shall be issued under the signature of the Registrar. The warrant shall be in Form II
and shall be executed, as far as may be in the manner provided for execution of warrants under
the Code of Criminal Procedure.

(2) 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 whom it
is directed or endorsed.

(3) Where a warrant is to be executed outside the Union Territory of Delhi, the Court may
instead of directing such warrant to police officer, forward it to the Magistrate of the District
or the Superintendent of Police or Commissioner of Police of the district within which the
person charged is believed to be residing. The Magistrate or the police office to whom the
warrant is forwarded shall endorse his name thereon, and cause it to be executed.

(4) Every person who is arrested and detained shall be produced before the nearest Magistrate
within a period of twenty-four hours of such arrest excluding the time necessary for the journey
from the place of arrest to the Court of the Magistrate, and no such person shall be detained in
custody beyond the said period without the authority of a Magistrate.

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

13. The Court may make orders for the purpose of securing the attendance of any person to be
examined as a witness and for discovery of production of any document.

14. The Court may pass such orders as it thinks fit including orders as to costs which may be
recovered as if the order were a decree of the Court.

15. Save as otherwise provided by the rules contained herein, the provisions of the Supreme
Court Rules, 1966, shall, so far as may be, apply to proceedings in relation to proceedings in
contempt under this part.

16. Where a person charged with contempt is adjudged guilty and is sentenced to suffer
imprisonment, a warrant of commitment and detention shall be made out in Form IV under the
signature of the Registrar. Every such warrant shall remain in force until it is cancelled by order
of the Court or until is executed. The Superintendent of the Jail shall in pursuance of the order
receive the person so adjudged and detain him in custody for the period specified therein, or
until further orders.

CASE LAWS RELATING TO CONTEMPT OF COURT

V.P.Kumaravelu v. The Bar Council of India

The appellant was a city government pleader in all the civil courts in madras other than the
high courts. He was required to conduct all the civil matters pending in the civil courts of
madras on behalf of the government. The first complaint filed by the commission and secretary
of Tamil Nadu against the appellant before the disciplinary committee of the bar council of the
Tamil Nadu was that the suit no. 400 of 1978 was decreed ex parte against as he did not file a
fresh memo of his appearance. Another complaint pertaining the appellant, a suit is related to
it was filed by the Travancore Textiles Ltd. Against the state of Tamil Nadu. The complaint
alleged that a result of the gross negligence on the part of the appellant the government of Tamil
Nadu had suffered substantial loss. The appellant, in another suit filed by an employee of
Directorate of Education of State of Tamil Nadu challenged his date of birth, did not file
memorandum for appearance on behalf of the state government and an ex parte decree was
passed in that suit. In all these cases the appellant contended that since the office staff had not
put up the papers before him, it was through inadvertence that the suits were decreed ex parte.
The Bar Council of India held him on the charge of constructive negligence and it reprimanded
him for time lapse. In appeal, the Supreme Court held that there was no finding of any mala
fides on the part of the appellant or any deliberate inaction on his part in not attending to the
cases. There was a failure on his part to discharge his duties towards his client but it was not
deliberate but on account of heavy pressure of work and lack of diligence on the part of his
staff. The negligence on his part was without moral turpitude or delinquency and therefore he
was not held guilty of professional misconduct.

Prahalad Saran Gupta v. Bar council of India

The appellant Prahlad Saran Gupta was practicing advocate at Ghaziabad in U.P. He was
appearing the decree-holder in a case int eh court of Civil Judge, Ghaziabad. A complaint was
received by the U.P. State bar council from Rajendra Prasad alleging him withholding of Rs.
1500/- without paying to the decree-holder and with other allegations.

The State Bar Council referred the case to its Disciplinary Committee but it could not complete
the proceedings within one year and the same was transferred to the Bar Council of India. The
Disciplinary Committee of Bar Council of India did not find merit int eh allegation in the
complaint that the appellant was grossly careless in handling the execution case. However, the
committee found the appellant guilty of gross professional misconduct regarding withholding
Rs.1500/- which was handed over to him. The court imposed penalty of reprimand on the
appellant for the said misconduct of wrongfully retaining the amount.

Hikmat Ali Khan v. Ishwar Prasad Arya

Ishwar Prasad Arya was an advocate practicing at Badaun in U.P. He assaulted his opponent,
Radley Shyam in the court-room of Munsif at Badaun with a Knife. After investigation he was
prosecuted for offences under section 307 of the IPC and section 25 of the Arms Act and he
was sentenced for 3 years imprisonment. But he remained free on a fraudulent letter said to
have come from the Governor suspending the conviction. The III Additional district and
session Judge, Badaun sent a complaint containing these facts to the chairman, Bar Council of
U.P. The disciplinary committee of U.P. Bar Council debarred him from practice for a period
of two years. The advocate appealed to the Bar Council of India which set aside the orders of
the Bar Council of U.P. The appellant Hikmat Ali Khan complained against the advocate and
prayed for a fresh inquiry. In the said proceedings the advocate appeared and filed his written
statement but thereafter he did not appear.

Hence the Bar Council of U.P. proceeded ex parte against him and the Disciplinary Committee
of the state Bar Council of U.P. debarred him for a period of three years. The advocate again
appealed to the Bar Council of India and it had set aside the punishment. Then Hikmat Ali
field appeal to the Supreme Court. The Supreme Court held that his conduct was such that his
name should be removed from the state roll of advocates as he was found guilty of an offence
of attempting to commit murder and convicted for it and as he was unworthy for remaining in
the profession.

P.D. Gupta v. Ram Murthi and other

In the instant case one Shri Ram Murthi, Vidyavati and two others claimed for the property of
late Krishna Das. P.D. Gupta was the advocate throughout all the proceedings of the case on
behalf of Vidyavati. Though knowingly, P.D. Gupta and his son-in-law Kumar Gupta
purchased some portion of the property. The advocate further sold the property purchased from
Vidyavati to a third party and made profit. A complaint was made against P.D. Gupta,
Advocate to the Bar Council of Delhi. But the Disciplinary committee of the Delhi Bar Council
could not dispose the case within one year and it was transferred to the Bar Council of India.
The disciplinary Committee of the Bar Council of India observed that P.D.Gupta knew
Vidyavati and he also knew that the property purchased by him was the subject matter of
litigation and he purchased the property at a throw-away price of Rs.1,89,000/-

The Disciplinary Committee of the Bar Council of India held the advocate P.D. Gupta guilty
of professional misconduct and suspended from practice for a period of one year. It also stated
that there was no Bar for an advocate to purchase the property and he will never purchase the
property, the title of which in sunder doubt as he being a law knowing person. P.D. Gupta
appealed to the Supreme Court on the decision of the Bar Council of India. The Supreme Court
found the order genuine and valid and did not interfere with the punishment awards to
P.D.Gupta.