JAINAB KHATOON ALIAS TAHIRA Vs. OM PRAKASH VERMA

JUDGEMENT

(1.) IN Criminal Misc. Application No. 28907 of 2007, this Court on 22. 01. 2008 had passed following order:

(2.) COMPLAINING non-compliance of the aforementioned order contempt proceedings have been initiated and pursuant to the same notices have been issued. Today on the matter being taken up, the concerned Civil Judge (Junior Division), Sidharth Nagar, has field his affidavit and has explained the circumstances that by no means any contempt has been committed. Hon'ble Apex Court in the case of Three Cheers Entertainment (Pvt.) Ltd. vs. CESC Ltd. AIR SCW 2008 7951, has taken the view that purpose and object of contempt proceeding is only to see that order of court is complied with and not unnecessarily proceed against persons, as if they are ordinary petty criminals and for initiation of contempt proceeding, there has to be willful disobedience or contumacious conduct on the part of alleged contemnor. Relevant extract is being quoted below: "contempt of Court is a matter which deserves to be dealt with all seriousness. In Mriityunjoy Das and Anr. v. Sayed Hasibur Rahman and Ors. (Ors) (2001) 3 SCC739, this Court held:

(3.) IN Chhotu Ram v. Urbashi Gulati and Anr. (2001) 7 SCC 530, this Court held that a contempt of Court proceeding being quasi criminal in nature, the burden to prove would be upon the person who made such an allegation. A person cannot be sentenced on mere probability. Wilful disobedience and contumacious conduct is the basis on which a contemnor can be punished. Such a finding cannot be arrived at on ipsi dixit of the Court. It must be arrived at on the materials brought on record by the parties. Yet again in Anil Ratan Sarkar and Ors. v. Hirak Ghosh and Ors. (2002) (4) SCC 21, it was opined: