RAGHAVA KOTIAN Vs. VASU POOJARY

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) The appellant herein has been convicted by the High Court under Section 12 of the Contempt of Courts Act, 1971 and has been directed to be detained in civil prison for a period of three months. Learned counsel appearing on behalf of the appellant has pressed this appeal on the question of sentence only.

(3.) It has been submitted that in the facts and circumstances of the case, the High Court was not justified in directing the appellant to be detained in civil prison, rather the Court should have imposed only fine. It has been submitted that a person can be sent to civil prison only when exceptional grounds are made out and imposition of fine would not meet the ends of justice. This aspect has been considered by the High Court and it has recorded a finding that imposition of fine would not meet the ends of justice and it was necessary, to uphold the rule of law, having regard to the facts and circumstances of the case, particularly the false stand taken by the appellant that he had not put up any construction in violation of the order dated 19-4-1993, passed by the High Court in Writ Petition No. 23932 of 1992 and that he had only effected repairs to the old building. In our opinion, in view of the aforesaid facts, the High Court was quite justified in observing that imposition of fine would not meet the ends of justice in the present case.