VIJAY KUMAR Vs. D I G OF POLICE

JUDGEMENT

(1.) This is an application filed by the petitioner in this Original Petition titled as a petition under S 2 (c) (ii) and (iii) and S 12 of the Contempt of Courts Act, 1971 and Art.215 of the Constitution of India. The office has not numbered this petition since normally application for taking proceedings for contempt of this court has to be filed in accordance with the statutory provisions under the Contempt of Courts Act, 1971.

(2.) The petitioner tells me that this petition is maintainable in view of the provisions contained in Art.215 of the Constitution. Of course, this petition poses a question whether a single Judge of this court is barred from initiating proceedings for contempt in view of the provisions of S.18 of the Contempt of Courts Act. I do feel that this is an intricate question and I feel that this question need not be considered at length in this proceedings since I am of the view that the facts disclosed in the petition do not deserve any initiation of contempt proceedings against the Chief Minister of the State. I feel that I should remember at the very threshold the true nature and scope of contempt jurisdiction. The essence of the power to punish for contempt is no doubt in the larger public interest of preventing any unlawful interference with the administration of justice and to uphold the dignity and the grandeur of the law and not so much for the protection of individual Judge as such.

(3.) This general principle has been stated succinctly in Attorney General v. Leveller Magazine Ltd (1979) 1 All ER 745 at 749) by Lord Diplock thus:-