LAWS(DLH)-2016-6-91

DEEPAK KHOSLA Vs. PRAMOD KUMAR AND ORS.

Decided On June 02, 2016
DEEPAK KHOSLA Appellant
V/S
Pramod Kumar and Ors. Respondents

JUDGEMENT

(1.) The present contempt petition has been filed by the petitioner under Sec. 10 and 12 of the Contempt of Courts Act against the respondents i.e. respondent no. 1-Mr. Pramod Kumar, Deputy Registrar (Listing) respondent no. 2-Mr. Lorren Bamniyal, Registrar (Listing) and respondent no. 3-Delhi High Court claiming to be arising from violation of order dated 29.05.2015 passed by this Court in Contempt Case (Crl.) 9 of 2014 and Contempt Case (Crl.) 12 of 2014, both titled "Court on its own motion Vs. Deepak Khosla ".

(2.) In the petition, it is contended that vide order dated 29.05.2015, this Court had made it mandatory for the High Court Registry to place both the proceedings before Honourable the Chief Justice to constitute a larger Bench of 3 Judges to try the petitioner. It is further contended that despite clear directions in the orders dated 29.05.2015, respondent nos. 1 and 2 put up a misleading note before Hon 'ble the Chief Justice on 01.07.2015 which led to the belief that only a direction relating to constitution of 2-Member Bench was issued, whereas they knowingly and deliberately excluded from their note the direction to place the matter to constitute a larger Bench of 3 Judges. The petitioner has prayed for initiation of proceedings against the respondents under the Contempt of Courts Act; punish respondent no. 1. under Sec. 12(1) of The Act; take suo motu cognizance of the offence of criminal contempt by respondent no. 1; cost of Rs. 1,50,000.00 be directed to be reimbursed by the respondents and order the respondents to pay at least Rs. 10 crores to the petitioner while exercising powers under Sec. 357(3) Crimial P.C.

(3.) Contempt of Court refers to such actions which defy the authority of a Court. Civil contempt of Court happens when someone fails to adhere to an order from the Court, which results into injury to the right of a private person. Civil Contempt of Court has been defined in Sec. 2(b) of the Contempt of Courts Act, 1971, which reads as under: