SHRI INDRESWAR SAIKIA Vs. EMILI CHOUDHURY

JUDGEMENT

(1.) The question which arises in this case is that whether the limitation as provided under section 20 of the Contempt of Courts Act, 1971 shall apply in case of the power of this Court under Article 215 of the Constitution of India. Earlier I expressed some doubts and accordingly Sri Sharma took some time to clarify the matter and accordingly the matter has been listed today. Sri Sharma has placed before me 2 decisions of the Apex Court of the land ie AIR 1992 SC 904 (Pritam Pal Vs. High Court of Madhya Pradesh) where the Supreme Court in paragraph 24 of the judgment pointed out as follows :

(2.) In paragraph 41 the Supreme Court pointed out as follows :

(3.) The next case relied on AIR 1989 SC 2285 (Firm Gampat Ram Rajkumar Vs. Kalu Ram & others), the Supreme Court was considering section 20 of the Contempt of Courts Act. In this connection, the Supreme Court pointed out that in case of continuing wrong the limitation as provided under section 20 of the Contempt of Courts Act cannot be applicable. Paragraph 7 is quoted below :