(1.) The question as to whether an order passed by a Ld. Judge of High Court in exercise of his jurisdiction under Article 215 of the Constitution of India read with Section 19 of the Contempt of Courts, Act, 1971 (hereinafter referred to as the said Act), issuing direction either by modifying its own order or by issuing directions which could not be issued even in the writ application is appealable, is the question involved herein.
(2.) The High Court as a Court of Record, has power to punish a Contemner for contempt of its own Court, Article 215 of the Constitution of India provides for such power. This power is not derived from any statute. It's jurisdiction is clearly derived from its being a Court of Record. Article 215 only corroborates this status of the High Court. Even without Article 215, the High Court would have the jurisdiction to punish for its contempt. This power of the High Court to punish for contempt of itself cannot be taken away by parliamentary legislation, except by way of constitutional amendment.
(3.) However, the legislature is competent to lay down the procedure in respect of contempt application and/or matters arising thereunder. Items 77 and 78 of List of Schedule I of the Constitution empowers the Parliament to enact laws on constitution, jurisdiction and powers of the High Court.
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