BIBU Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) Though accused respondents 1, 2, 4, 5 and 6 have been served, only respondents 1 and 4 have appeared in person. But, they have not filed any reply. Sri Parthasarathy, learned Addl. Government Advocate, wanted to defend them. But he was not holding any vakalath on their behalf.

(2.) In our considered opinion, in contempt matters, once the Court prima facie finds that any of the accused is guilty of committing contempt of Court, the respondents are accused in their personal capacities and not as officers of the State and therefore, they have to take effective steps for defending themselves like other accused persons.

(3.) The above view of ours is duly supported by Rules 8 and 9 of the High Court of Karnataka (Contempt of Court Proceedings) Rules, 1981, (in short the 'Rules') which read as under :