AB RAZAQ BHAT Vs. AB REHMAN BHAT

JUDGEMENT

(1.) THROUGH the medium of this Civil 1st. Appeal (CIA), order dated 06 -08 -1999 passed by learned Single Judge in Civil reference No. 7/1998 made by Additional District Judge, Srinagar with the following observations: "....that in the facts and circumstances of the case Abdul Razaq Bhat has prima -facie committed civil contempt within the meaning of section 2 (b) of the Jammu and Kashmir Contempt of Courts Act, 1997 by having made willful breach of the undertaking given in this court and apart from that has also made willful disobedience of several orders given in the judicial proceedings passed by this court and the Honble High Court, as referred to above." In recommending suitable punishment for the contemnor has been challenged.

(2.) THE appellant, in the impugned order has been held guilty to have infracted Section 94 of the Jammu and Kashmir Constitution and Section 2 (b) and 12 of the Contempt of Courts Act, convicted and sentenced to undergo simple imprisonment for 6 months and a fine of Rs. 2000/ - in default of payment of fine, to further suffer simple imprisonment for one month.

(3.) THE correctness and the validity of the order has been challenged on twin grounds: - Firstly, that the contempt proceedings are time barred. Secondly, where the procedure as contemplated under Jammu and Kashmir Contempt of Courts Act 1997 has not been followed by the learned Single Judge and thus, the orders suffer from legal infirmity. Basic facts may be noted: