RAJKUMAR GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr Umesh Kumar Choubey, learned counsel for the petitioner, and Mr Shubham Gautam, learned A.C to A.A.G-V for the Respondent State.

(2.) The petitioner, by instituting this petition, questions the constitutional validity of Sec. 19 of the Contempt of Courts Act, 1971, inter alia, on the ground that by giving a right of appeal only to the contemnor, who is punished in the exercise of Court's contempt jurisdiction and denying such a right to the contempt petitioner, amounts to discrimination, which is otherwise prohibited by Article 14 of the Constitution of India.

(3.) In the Petition, the petitioner contends that Sec. 19 is ultra vires because it is "incomplete as it is limited to the contemnor as intra appeal for non-compliance of Hon'ble Courts order and it is not available to the petitioner who is party to the partition whose petition (Contempt petition) is dropped without compliance which amounts more than to dismissal of the writ petition and left no option to move forward to get justice."