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IN THE SUPREME COURT OF INDIA
CRIMINAL APPEAL NO. 549 OF 2016
(Arising out of S.L.P. (Criminal) No. 5032 of 2015)
MAHESHWAR PERI & OTHERS … APPELLANT(S)
ALLAHABAD THROUGH REGISTRAR
GENERAL … RESPONDENT(S)
JUDGMENT
Leave granted.
2. What is the period of limitation for suo motu initiation of contempt proceedings, is the short question for consideration in this case.
3. The Outlook Magazine, in its 10.11.2008 edition, published an article authored by the third appellant, which mainly dealt with the infamous Provident Fund Scam. The names of the Judges, who are allegedly involved in the case, were published.
4. On 18.11.2008, one Mr. Manoj Kumar Srivastava and Mr. Veer Singh, Advocates practicing in the High Court of Allahabad, filed Miscellaneous Application No. 21 of 2008 with the following prayer: “It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to proceed REPORTABLE Page 2 for initiating Criminal Contempt proceedings on its own motion against aforesaid opposite parties and they be punished accordingly under Article 215 of the Constitution of India and or to pass any other order which this Hon’ble Court may deem fit and proper.”
5. According to them, the article “has caused great insult to the Higher Judiciary. The remarks are derogatory and have lowered the authority of the Higher Judiciary.” Learned Counsel appearing for the respondent/High Court of Allahabad submits that the petition was placed before a Single Judge of the High Court, and thereafter, before the Chief Justice. It appears, for about four years, nothing happened in the matter until it was listed before the Division Bench of the High Court leading to the impugned order dated 28.04.2015. It was held in the impugned order that: “… The publication dated 10.11.2008 at page 56, 57, 58, 59 as mentioned above has caused great insult to the higher Judiciary. The remarks are derogatory and lower the authority of the higher Judiciary. Hence, it is a fit case to take ‘suo motu’ action by this Court. Accordingly, we take ‘suo motu’ action. Hence the name of the petitioner is not to be shown in the cause list.” xxx xxx xxx xxx “Let a notice be issued to contemnor opposite party no. 2,3,4, namely, Mr. Maheshwer Peri, Mr. Bishwadeep Moitra, Sushri Chandrani Benerji through Chief Judicial Magistrate Ghaziabad to show cause why the charges be not framed against them for committing contempt of this Court and to punish them in accordance with law. They shall also appear in person on the next date.” Page 3
6. Aggrieved, appellants are before this Court.
7. As we propose to deal with the legal contention on limitation, it is not necessary for us to go into the question as to whether the article actually constitutes contempt.
8. The main contention advanced by the learned Counsel for the appellants is that the High Court, having initiated action only after four years of the alleged contempt, the whole proceedings are barred by Section 20 of The Contempt of Courts Act, 1971 (hereinafter referred to as ‘the Act’) which has prescribed the period of limitation of one year for initiating any proceedings of contempt, be it suo motu or otherwise. Section 20 of the Act reads as follows:
11. We are afraid, the contentions advanced by the learned Counsel for the appellants cannot be appreciated. Be it an action initiated for contempt under Article 129 of the Constitution of India by the Supreme Court or under Article 215 of the Constitution of India by the High Court, it is now settled law that the prosecution procedure should be in consonance with the Act, as held by this Court in Pallav Sheth case (supra).
12. And thus, the dispute boils down to the question of limitation only.
13. Under the Act, the action for contempt is taken by only two courts, either the Supreme Court or the High Court. The procedure is prescribed under Section 15 of the Act, which reads as follows:
14. Criminal Contempt of court subordinate to High Court can be initiated either suo motu or on a motion made by the Advocate General. The suo motu action is set in motion on a Reference made to it by the subordinate court. In view of the process involved in making the Reference by the subordinate court, in Pallav Sheth case (supra), it has been held that the Reference is the starting point of the process of initiation of the action for contempt. That is why in paragraph-39, which we have extracted above, it has been clearly held that … “unless a court was to take suo motu action, the pro- Page 7 ceeding under The Contempt of Courts Act, 1971 would normally commence with the filing of an application drawing the attention of the court to the contempt having been committed. “The application is the motion provided under Section 15 of The Contempt of Courts Act, 1971. Such a motion, by any person other than Advocate General, can be made only with the consent in writing of the Advocate General. In other words, any other application made by a person without the consent of the Advocate General, is not an application in the eyes of law.”
15. This aspect has been succinctly discussed and subtly distinguished in paragraph-44 of the Pallav Sheth case (supra). To quote paragraph-44: “44. Action for contempt is divisible into two categories, namely, that initiated suo motu by the court and that instituted otherwise than on the court’s own motion. The mode of initiation in each case would necessarily be different. While in the case of suo motu proceedings, it is the court itself which must initiate by issuing a notice, in the other cases initiation can only be by a party filing an application. In our opinion, therefore, the proper construction to be placed on Section 20 must be that action must be initiated, either by filing of an application or by the court issuing notice suo motu, within a period of one year from the date on which the contempt is alleged to have been committed.”
16. Coming to the factual matrix of the present case, the High Court is clear in its mind that the action under Section 15 of the Act is initiated suo motu by the High Court. To make it abundantly clear Page 8 in the impugned order, it is said that the name of the petitioner is not to be shown in the cause list. Apparently, it can only be suo motu because the application filed by the advocates, and which is referred to in the impugned order, is without the consent in writing of the Advocate General. The only application other than by the Advocate General, contemplated under Section 15 of the Act, is the motion made by any person with the consent in writing of the Advocate General. Being a jurisdiction which, when exercised, is fraught with serious consequences, the Parliament has thought it justifiably fit to provide for such safeguards. Thus, the impugned article, having been published on 10.11.2008 and the High Court having initiated the suo motu action only on 28.04.2015, the same is hit by the limitation of one year prescribed under the Act.
17. In that view of the matter, it has become unnecessary for us to deal with the submissions on merits as to whether the contents of the article would constitute criminal contempt or not.
18. Accordingly, the appeal is allowed and the impugned order is set aside .................................... J. (KURIAN JOSEPH)........………………………………J. (ROHINTON FALI NARIMAN) New Delhi; June 30, 2016.