(1.) 'Liberty' - the most cherished fundamental right, a basic human right, a "transcendental", inalienable, and 'primordial' right, should not be put in peril without following the procedure prescribed by law and in a casual and cavalier manner. Instant case is an example where all proceedings in the suit as well as under the Contempt of Courts Act, 1971, (hereinafter called as 'Act 1971'), have been taken without adverting to the procedure known in law.
(2.) This Criminal Appeal has been preferred under Section 19 (1) (b) of the Act 1971 against the impugned judgment and order dated 20.7.2009 passed by the High Court of Delhi at New Delhi in Contempt Case (Crl.) No.9 of 2004, whereby the appellant has been convicted for committing contempt of court by violating the undertaking given by him to the Court at the time of disposal of the suit and awarded him simple imprisonment for four months.
(3.) Facts and circumstances giving rise to this appeal are: