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Contempt of an order given by a High Court in a different High Court
22-Jul-2023 (In Criminal Law)
The High Court A passed an order stating that no coercive action should be taken against a petitioner until the petition(U/s 482) is decided. The petitioner is resident of an area that falls within the jurisdiction of High Court B, now a coercive action is taken by an agency, let us call it Agency B, which is not a party to the petition U/s 482 filed before High Court A (i.e. it is a third party) and such cause of action has arisen within the jurisdiction of High Court B. Now can petitioner file a contempt petition before High Court B pleading before the High Court B that the act of agency B is in contempt of order of High Court A. Is such a contempt petition maintainable before High Court B?
under Section 2(a) of the Contempt of Courts Act of 1971 defines contempt of court as civil contempt or criminal contempt, it is generally felt that the existing law relating to contempt of courts is somewhat uncertain, undefined and unsatisfactory. The jurisdiction to punish for contempt touches upon two important fundamental rights of the citizens, namely, the right to personal liberty and the right to freedom of expression. It was, therefore, considered advisable to have the entire law on the subject scrutinized by a special committee.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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