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Criminal Contempt of Court may Kick alive Justice machinary


28.03.09

In the light of Contempt of Court Act 1971 - Section -2(c ), which says, among other things, the doing of any act, whatsoever, which interferes in the due course of Judicial proceedings or any act which obstructs in the administration of justice in any manner, may be charged with serious offence of criminal contempt of the Court.

The process of administration of justice begins with the violation of a right of a person or the committing of an offence by a person, well before any FIR is filed OR case is registered in the court.

Thus, the offence includes-
1) Where Police refuses to register FIR , or refuses to investigate, or refuses to apprehend or arrest offenders... or trying to protect the accused or the guilty. However, the element of police acting deliberately and consciously without any justification is essential.

2) Not only the Police but WHOEVER interferes, including political interferences, in the process of investigation or interferences during the trial of offence, or any other proceeding in the Court, can be charged with the above offence.

3) Similarly, taking/ granting unwarranted adjournments, making frivolous defense, making frivolous petition/ admitting vague cases/ admitting undeserving appeals, not filing replies/affidavits as directed by the court/ or as required by law to be filed, comes within the ambit of criminal contempt of the court because it positively obstruct /abuse/of misusing the process of the Court.

4) Also, like an ordinary individual, whoever occupying seat of adjudication, deciding the rights of the people, say Judges, Magistrates, and Commissioners can also be charged with above offences, for their acts as stated above.

The Contempt Petition is filed in the High Court and in Supreme Court and the best part is that proceedings has to begin immediately. However, before filing Criminal Contempt of Court Petition, Sanction of Advocate general of the State Govt concerned must be obtained. If they do not give sanction or does not reply within a reasonable time of 30 days, than Contempt petition can be filed informing the Court about sanction not given or no reply received.

Important note: However, acts which are enumerated in Indian Penal Code as offences in administration of Justice, cannot become the subject matter of Criminal Contempt Of Court, like filing false affidavits and many others. Yet in these cases FIR can be filed or complaint can be made with Judicial Magistrate.

However the punishment is merely six months or fine or both, yet the fear of judicial proceedings that has to begin forthwith, can be the biggest deterrent for potential offenders who abuse process of justice one way or the other.

Sandeep Jalan
The world needs legitimate.............. Crazy ideas to................counter unabated anomalies.

Legal issues !!
If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.
or
If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation.

Law Referencer: https://www.litigationplatform.com/


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