KAMARUDJAMA MD Vs. E RAMESH

JUDGEMENT

(1.) At issue, is an important question whether the order passed or direction issued in contempt case by a learned single Judge while discharging the contemner, is appealable under Clause 15 of the Letters Patent?

(2.) Normally, the relevant facts of the case are stated and the legal principles are applied. But, in the instant cases, we may have to state the legal principles first and then dispose of the Letters Patent Appeals in the light of the said legal principles enunciated.

(3.) Under the Contempt of Courts Act, 1971, which is in addition to the plenary powers of the High Court under Article 215 of the Constitution of India, the High Court is entitled to take up contempt proceedings either suo motu or on initiation of party and decide as to whether there are grounds to exercise the powers to punish the contemner. If the contemner is punished, then there is a right of appeal under Section 19 (1) of the Contempt of Courts Act, 1971. If a single Judge exercises the said power of contempt, then the order is appealable to the Division Bench and if the Division Bench exercises the original jurisdiction to punish the contemner for contempt, then the appeal lies to the Supreme Court. In the instant cases, contempt cases were heard by the learned single Judges. In all the cases, the contemners were discharged, but the learned single Judges had issued some directions.