K DINAKAR Vs. M S KAPOOR

JUDGEMENT

(1.) A complaint is filed before this Court by the complainant herein under Sections 11 and 12 of the Contempt of Courts Act (hereinafter referred to as the 'act' for short), praying this Court to initiate criminal contempt proceedings against the accused 1 and 2, i. e. , respondents herein, personally for the gross disobedience of this Court's order in w. P. No. 32248 of 1994 (GM), dated 6-3-2002, and punish them appropriately in accordance with law.

(2.) THE facts alleged in the complaint are that the complainant filed w. P. No. 32248 of 1994 praying writ of mandamus against the respondents. The said writ petition was allowed with a clear-cut order of writ of mandamus with the following directions:

(3.) THIS office has raised the preliminary objection that whether the disobedience of the order of this Court amounts to criminal contempt or civil contempt under Section 2 (b) of the Contempt of Courts Act of 1971? when this matter came up for preliminary hearing on 27-5-2002, the question whether it is a civil contempt or a criminal contempt, was needed to be considered and hence, the Court thought it desirable to hear the respondents also as far as these aspects are concerned. Therefore, this Court issued notice to respondents 1 and 2, who entered appearance through their Advocate, Tukaram S. Pai. On 11-6-2002, the bench heard both sides, not on the question of maintainability of this case, but on the question of rehabilitation and directed the parties to work out if a resolution is possible and to find some final solution to this problem. It is at this stage that the matter came up before us. The learned Counsel for the respondents requested us to decide the question of maintainability of a criminal contempt case before this Bench.