SHEO RAM Vs. BHOPINDER SINGH

JUDGEMENT

(1.) THE Judgment of the Court was as follows : heard the learned advocates appearing for the parties.

(2.) IT is a contempt application alleging violation of the judgment and order dated 1st April, 2008 passed in WP No. 053 of 2008. There are as many as 3 persons as alleged contemnors-respondents in this application. In the cause title, in the prayer portion as well as in the pleadings of the contempt application, nowhere there is any specific mentioning of contemptuous act and conduct by the respective individual-alleged contemnors by identifying their such contemptuous conduct. The contempt proceeding is a quasi criminal proceeding in view of the punishment as specified under the statute namely imprisonment to jail and/or fine. In the contempt proceeding, when the alleged contemnor is found guilty of willful and deliberate violation of Court's order, their status changes to an accused to suffer punishment under the Contempt of Courts Act, 1971.

(3.) IT is a basic concept of the criminal jurisprudence that a person when is an accused of any charge should know the allegation against him so that he can answer the point properly. The said principle of criminal jurisprudence is squarely applicable in a case of contempt proceeding whereby and whereunder punishment is imposed to the alleged contemnor after finding him guilty.