S K BHALLA Vs. STATE

JUDGEMENT

(1.) This writ petition challenges the impugned Order, passed by the Hon'ble the Acting Chief Justice on the Administrative Side on 18th May, 1999 in Crl.CP.No.6 of 1999, refusing to initiate Criminal Contempt proceedings against the contemnor.

(2.) The learned counsel for respondent No.2 has raised a preliminary objection based inter alia on a judgement of the Hon'ble Supreme Court in O.P.Jaiswal Vs D.K. Mittal & Another reported as JT 2000 (2) SC 293 P.300 to contend that criminal contempt is a matter between the contemnor and the Court and no one can insist as a matter of right on initiation of criminal contempt by the Court.

(3.) The sum and substance of the objection of the respondent No.2 is based upon Section 15 (1) of the Contempt of Courts Act, 1971(hereinafter referred to as 'Act') the relevant portion of which reads as under: