K SHAMRAO Vs. ASSISTANT CHERITY COMMISSIONER

JUDGEMENT

(1.) Whether Assistant Charity Commissioner appointed under Section 5 of the Bombay Public Trust Act, 1950 (for short the Act) as applicable to Karnataka is a court for the purposes of the Contempt of Courts Act, 1971 is the question involved in this appeal.

(2.) The contempt proceedings have been initiated against the appellants in the High Court on reference made by the Assistant Charity Commissioner, Belgaum for taking contempt action as a result of publications in a daily newspaper. The three original appellants were the Managing Editor, Editor, Printer and Publisher respectively of the said publication. The first appellant died during the pendency of the appeal and, therefore, the appeal in so far as the said appellant is concerned stands abated. The items published in the said newspaper on three dates were said to be scandalous and intended to interfere with the administration of justice, it is not necessary to go into the factual matrix since the present appeal has been filed against the judgment of the High Court deciding a preliminary objection raised by the appellants before the High Court. The objection was that the Assistant Charity Commissioner is not a Court and, therefore, contempt action cannot be initiated against them. The High Court, overruling that objection, has held that the Assistant Charity Commissioner under the Act is a court within the meaning of Sections 2 and 3 of the Contempt of Courts Act, 1971. The decision of the High Court on the preliminary objection is under challenge in the present appeal.

(3.) The Assistant Charity Commissioner was a Civil Judge working in the judicial department of the State. His services were placed at the disposal of the Government for being appointed as Assistant Charity Commissioner under the provisions of the Act. To determine whether the Assistant Charity Commissioner is a court, it would be necessary to find out, having regard to the provisions of the Act, whether the Assistant Charity Commissioner possesses the attributes of a court.