Contempt of Court filing in lower court
09-Oct-2024 (In Civil Law)
Please let me know if contempt can be filed in lower/subordinate court. And if yes, under what section of Contempt of Court Act, 1971 can it be filed? Any judgements which say so will be helpful.
Contempt proceedings cannot be initiated directly in a subordinate court. Under Section 10 of the Contempt of Courts Act, 1971, the High Court has the power to punish contempt of subordinate courts. So, if contempt occurs in a subordinate court, the appropriate action is to file a petition in the High Court having jurisdiction over that court. Subordinate courts do not have the authority to initiate contempt proceedings themselves.
Contempt proceedings cannot be initiated in the subordinate courts and shall be referred to high court which has the exclusive power under section 10 of contempt courts act to take action.
Mansur ali vs state of kerala (2019) clearly states that lower court can report contempt but lacks the power to try or punish contempt themselves.
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