STATE OF RAJASTHAN Vs. JAMNADASS GANGADASS

JUDGEMENT

(1.) THE above contempt applications raise a common question of limitation, so they are being disposed of by this common order.

(2.) IN the writ petitions filed by the Contemners, similar interim orders were passed by this court, where under the contemners were required to deliver sixty five percent stock of sugar held by them on the date of commencement of the Sugar (Retention and Sale by Recognised Dealers) Order, 1979, on payment of its price @ 323/- per quintal. Despite intimation by the State Government, as contemplated by the interim orders, the contemners failed to sell sugar to the Government, as ordered. The State has moved applications for initiating contempt proceedings against the contemners under Sec. 12 of the Contempt of Courts Act, 1971 (Act No. 70 of 1971) (hereinafter referred to as "the Act". On these applications, this court ordered issuance of notices to the contemners. Although the applications were filed within one year from the date of commission of contempt, but admittedly the notices were ordered to be issued after the expiry of period of one year from the date of commission of contempt. Faced with the question of limitation, applications for amendment of the original applications were moved by the State of Rajasthan, whereby it was sought that the applications may be treated to be the applications under Art. 215 of the Constitution of INdia and in the alternative under Or. 39 Rule 2-A C. P. C. IN some of the applications, the amendment has been allowed and in others the amendment has been objected to and orders thereon have not been passed. I am proceeding to dispose of these applications assuming that the applications are not only under Sec. 12 of the Act, but are also applications under Art. 215, as well as Or. 39, Rule 2-A C. P. C

(3.) PRESCRIBING a period of Limitation is a matter relating to procedure and is nothing, but regulating the exercise of power. It cannot be said that the power of contempt as such has been taken away. The power of contempt continues, but has to be exercised within the time prescribed under sec. 20 of the Act. Thus, even if the applications are considered under Art. 215 of the Constitution, still the applications would be governed so far as the question of limitation is concerned, by sec. 20 of the Act and viewed in this light, proceedings would be barred by time.