1988 (5) TMI 361 - SC - Indian Laws

Appeal Dismissed as Incompetent under Contempt of Courts Act

The appeal under section 19(1) of the Contempt of Courts Act was dismissed by the Court as incompetent since no punishment was imposed by the High Court. ... - Issues Involved:The judgment involves an appeal u/s 19(1) of the Contempt of Courts Act against the judgment and order of the Punjab & Haryana High Court dismissing the application for contempt filed by the appellant against a former Chief Minister.Allegations and Proceedings:The appellant alleged that the former Chief Minister was keen on appointing a defeated minister to an office of profit, leading to the constitution of a Forest Development Board. The appellant further claimed that the Chief Minister pressurized officers to withdraw a writ petition challenging the Ordinance, resulting in the appellant's transfer and subsequent intimidation to withdraw the petition.High Court Decision:The High Court dismissed the application for contempt, finding it not a fit case for the court's jurisdiction under the Act. The judgment noted that the allegations, if proven, would constitute criminal contempt, and the scope of the judgment was confined to criminal contempt.Maintainability of Appeal:The respondent raised a preliminary objection to the maintainability of the appeal u/s 19(1) of the Act, arguing that since no punishment was imposed by the High Court, the appeal was incompetent. The Court agreed with this objection, stating that the right of appeal under section 19(1) is only against decisions or orders of a High Court passed in the exercise of its jurisdiction to punish for contempt.Conclusion:The Court found the appeal to be incompetent and dismissed it, citing the lack of jurisdiction to punish for contempt in the High Court's decision. No costs were awarded in this matter.Final Verdict:The appeal was dismissed due to its incompetency, as no punishment was imposed by the High Court in the exercise of its contempt jurisdiction.