NURUL HUDA Vs. AMITABH BACHCHAN

JUDGEMENT

(1.) THIS is a petition praying that the opposite parties be punished under Sections 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as the Act).

(2.) OPPOSITE party No. 3 Pooran Chandra Mao is the producer of the film 'Andha Qanoon'. Dr.Rahi Masoom Raza opposite party No. 2 is the writer of the dialogues of the said film. T.Rama Rao opposite party No. 4 is the director of the said film and Amitabh Bachchan opposite party No. 1 is an actor in the said film.

(3.) IN view of Sections 40 and 41 IPC the word 'offence' in Section 79 IPC does not only denote a thing made punishable under the INdian Penal Code but also denotes a thing made punishable under 'special laws' as it is contained in Chapter IV of the INdian Penal Code. The Act is obviously a 'special law' as it relates to a particular subject, namely, contampt of court. Thus if contempt of court is made punishable under the Act it will be an offence within the meaning of Section 79 IPC but if it is punishable under the inherent powers of this Court as a court of record under Article 215 of the Constitution and not under the Act it will not be so. This is, therefore, the first question that requires determination.