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        1953 (11) TMI 20 - SC - Indian Laws

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        High Court contempt jurisdiction remains an inherent special power, outside CrPC transfer control and protected by Article 215. High Court contempt jurisdiction is a special inherent power of a court of record and is preserved by Article 215, so it does not fall within the ordinary ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                            High Court contempt jurisdiction remains an inherent special power, outside CrPC transfer control and protected by Article 215.

                            High Court contempt jurisdiction is a special inherent power of a court of record and is preserved by Article 215, so it does not fall within the ordinary operation of the Criminal Procedure Code. Provisions for transfer under the Code do not convert contempt proceedings into ordinary criminal cases, and later contempt legislation assumes the High Court's existing jurisdiction. On that basis, the Supreme Court lacked power in an original petition to transfer the contempt matter to another High Court or direct that a named judge of the same High Court not hear it. It was noted only as a matter of propriety that a judge personally attacked should ordinarily avoid hearing the matter if possible.




                            Issues: Whether contempt proceedings before a High Court can be transferred under the Criminal Procedure Code or otherwise controlled by directing that a particular judge should not hear them.

                            Analysis: The power of a High Court to punish for contempt is a special jurisdiction inherent in a court of record. That jurisdiction is outside the scope of the Criminal Procedure Code because the Code, by its own terms, does not affect special jurisdiction or powers conferred by other law. The provisions relied upon for transfer do not convert contempt into an ordinary criminal case triable under the Code, and later legislation concerning contempt assumes the existence of the High Court's existing jurisdiction rather than creating a new one. Article 215 of the Constitution of India likewise preserves the High Court's power as a court of record to punish for contempt of itself. Since the jurisdiction is vested in the High Court itself, the Supreme Court had no power in an original petition of this kind to transfer the contempt matter to another High Court or to direct that a named judge of the same High Court should not hear it, though it was observed as a matter of propriety that a judge personally attacked should ordinarily avoid hearing the matter if possible.

                            Conclusion: The requested transfer and bench-direction could not be granted, and the petition was not maintainable.

                            Final Conclusion: The decision affirms that contempt jurisdiction is special and inherent in the High Court, so it cannot be displaced by invoking the Criminal Procedure Code for transfer purposes.

                            Ratio Decidendi: Contempt jurisdiction of a High Court is an inherent special jurisdiction of a court of record and is therefore excluded from the ordinary operation of the Criminal Procedure Code; consequently, no transfer of such proceedings can be ordered under that Code.


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                            ActsIncome Tax
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