HARIDWAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Miscellaneous Appeal under Section 19(1) of the Contempt of Courts Act, 1971 is directed against part of the order dated 11.8.2003 in Cr. Misc. No. 21709 of 2003 by which the learned Single Judge while taking action for the alleged contempt in the face of the Court under Section 14 of the Act rejected the oral prayer of the appellant for bail.

(2.) SECTION 19(1) of the Act provides for appeal "as of right from any order decision" in exercise of the jurisdiction to punish for contempt. However a doubt arose about maintainability of the appeal considering that it arises from an interlocutory order. Shri Ram Balak Mahto, a Senior Advocate of this Court, was requested to assist the Court on the limited point of maintainability of the appeal. He submitted that in terms of Section 19(1) of the Act appeal lies as of right from any order and not only against final decision of the Court in exercise of courts jurisdiction to punish for contempt, but appeal would not lie against every order unless there is some determination by the order. He referred to two decisions of the Apex Court in Purushotam Dass Goel V/s. Honble Mr. Justice B.S.Dhillon and Ors, AIR 1978 SC 1014 and R.N.Dey & Ors. V/s. Bhagyabbati Pramanik & Ors., (2000) 4 SCC 400, and a decision of the Calcutta High Court in Ashoke Kumar Rai V/s. Ashoke Arora & anr., 96. CWN 278.

(3.) I may refer to the relevant provisions of Section 14 of the Act at this stage as under : Procedure where contempt is in the face of the Supreme Court or a High Court - (1) When it is alleged, or appears to the Supreme Court or the High Court upon its own view that a person has been guilty of contempt committed in its presence or hearing, the Court may cause such person to be detained in custody, and at any time before the rising of the Court, on the same day, or as early as possible thereafter, shall - (a) cause him to be informed in writing of the contempt with which he is charged; (b) afford him an opportunity to make his defence to the charge; (c) after taking such evidence as may be necessary or as may be offered by such person and after hearing him, proceed, either forthwith or after adjournment, to determine the matter of the charge; and (d) make such order for the punishment or discharge of such person as may be just. (2) ......... (3) ......... (4) Pending the determination of the charge, the Court may direct that a person charged with contempt under this section shall be detained in such custody as it may specify : Provided that he shall be released on bail, if a bond for such sum of money as the Court thinks sufficient is executed with or without sureties conditioned that person charged shall attend at the time and place mentioned in the bond and shall continue to so attend until otherwise directed by the Court : Provided further that the Court may, if it thinks fit, instead of taking bail from such person, discharge him on his executing a bond without sureties for his attendance as aforesaid."