High Court Overturns Contempt Order Against Police Officials for Exceeding Jurisdiction

The High Court quashed the order of the Special Judge, NDPS, which initiated contempt proceedings against police officials by the ACMM. The High Court held that the ACMM exceeded his powers as only the High Court can take cognizance of contempt under the Contempt of Courts Act. The ACMM's order lacked jurisdiction, and the Special Judge's decision was deemed untenable. The High Court set aside the ACMM's order but granted liberty to refer the contempt issue to the High Court if necessary. The petition was disposed of, declaring the ACMM's actions as illegal and allowing the petitioner to take appropriate legal action if needed.

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Issues involved:
The petition seeks quashing of an order passed by the Special Judge, NDPS, involving the initiation of contempt proceedings against police officials by the ACMM.

Judgment Summary:

Issue 1: Quashing of the order dated 20th July, 2009
The petitioner challenged the order of the Special Judge, NDPS, contending that the judge had no power of revision over the interlocutory order passed by the ACMM. The ACMM had issued a show cause notice against police officials for contempt without proper authority. The High Court held that the ACMM exceeded his powers by initiating contempt proceedings, as only the High Court can take cognizance of contempt under the Contempt of Courts Act. The ACMM's order lacked jurisdiction, and the Special Judge's decision was not tenable. The High Court, using its powers under Article 227 of the Constitution, set aside the ACMM's order but granted liberty to refer the contempt issue to the High Court if necessary.

Conclusion:
The High Court disposed of the petition, declaring the ACMM's actions as illegal and contrary to law, while allowing the petitioner to take appropriate legal action if warranted.

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