ATUL KUMAR RAI Vs. KOSHIKA TELECOM LIMITED

JUDGEMENT

(1.) The contempt jurisdiction has to be exercised with care and caution by a court. It is not to be used either with vindictiveness or to "teach a lesson". The civil contempt involves a private injury and ought to be punished when a degree of misconduct is involved and proved. "The defiance should be willful and intentional as opposed to unintentional, accidental, casual or bona fide conduct."{Central Bank of India Vs. Sarojini Kumari, 1999 CrLJ 2130}. There has to be a conscious effort or attempt on the part of the contemnor to willfully disobey the orders of a court and the discretion given to the Court, while arming it with contempt power, has to be exercised to ensure that the dignity of the court and majesty of law is maintained.

(2.) A contemnor must always be given an opportunity to repent. The repentence on the part of the contemnor and tendering of unqualified apology should be permitted to help him escape from rigorous punishment. The courts cannot be unduly touchy on the issue of contempt where orders have not been implemented forthwith especially when the effect of those very orders is effaced by pronouncements from appellate courts. We hasten to add that this is not meant to be a licence for violation of an order till it subsists. It is in this context that it was observed by a Constitution Bench of the Supreme Court in Shri Baradakanta Mishra v. The Registrar of Orissa HC and Anr. and State of Orissa v. Shri Baradakanta Mishra & Anr, 1974 AIR(SC) 710 that "A heavy hand is wasted severity where a lighter sentence may serve as well." In the same judgment, it was observed as under:

(3.) We have set out the parameters and the legal position at the threshold itself before analyzing the facts of the case. This became necessary as we are faced with a situation where despite the opposite party expressing against pursuing the contempt in view of certain subsequent orders, the learned single Judge has taken upon himself to proceed with the civil contempt, to convict the parties of contumacious conduct and willful disobedience and thereafter sentence them to heavy fine and simple imprisonment.