MOHAMMAD IDRIS Vs. RUSTAM JEHANGIR BABUJI

JUDGEMENT

(1.) On an allegation that the petitioners had acted in breach of an undertaking given by them in Suit No. 2308 of 1983 in the High Court of Bombay, a notice was issued to them to show cause why they should not be committed for contempt of court. Cause was sought to be shown. A learned single Judge, of the High Court recorded the following finding:- "In my judgment the action of defendants Nos. 4, and 6 clearly shows utter contempt for the orders of the court and undertaking given by them. I have no hesitation in holding that these defendants have committed gross contempt of Court ............. in my judgment, there is no circumstance whatsoever to take any lenient view of the gross contempt committed by defendants 4 and 6 and both of them are liable to be punished under the provisions of Contempt of Courts Act."

(2.) On those findings the learned Single Judge committed each of the two petitioners to the civil jail for the period of one month. Against the order of the learned Single Judge, the petitioners preferred an appeal to the Division Bench of the High Court under S. 19(1) of the Contempt of Courts Act, 1971 The appeal was dismissed by the Division Bench and the present Special Leave Petition has been filed against the judgment of the Division Bench. Shri Ramesh N. Keswani, learned counsel for the petitioners submits that though the Petition for Special Leave to appeal has been filed under Art. 136 of the Constitution, the petitioners have, in law, filed an appeal as of right under S. 19(1) of the Contempt of Courts Act. The submission has only to be stated to be rejected as totally lacking in substance. S.19(1) of the Contempt of Courts Act-is as follows:-

(3.) If the order of committal for contempt of Court is made by a Single Judge of the High Court, there is one statutory right of appeal to a Division Bench of not less than two Judges of the Court. If the order of committal for contempt of court is made by a Bench, an appeal lies as of right to the Supreme Court. Where an appeal is filed against the order of the learned Single Judge to a Division Bench, the statutory right of appeal gets exhausted and there is no further right of appeal to the Supreme Court, Shri Keshwani cited to us Purushottam Das Goel v. Hon. Justice B. S. Dhillon AIR 1978 SC 1014. The decision is entirely irrelevant.