Criminal Contempt -- Advocate General's Consent -- Notice to accused without prior written consent of Advocate General unsustainable; petition to be treated as information for suo motu cognizance
(i) Contempt of Courts Act, 1971, S.15(1)(b) -- Criminal Contempt -- Advocate General's Consent -- A private party initiating criminal contempt proceedings must obtain the prior written consent of the Advocate General before the petition can be entertained as a motion under Section 15(1)(b). The three modes of initiating criminal contempt — by the court suo motu, by the Advocate General, and by a private party with consent — are not interchangeable. Issuance of notice to the accused in the absence of such consent is unsustainable in law. (ii) Contempt of Courts Act, 1971, S.15 r/w Constitution of India, Art.215 -- Criminal Contempt -- Petition Without Advocate General's Consent -- A criminal contempt petition filed by a private party without the Advocate General's consent is not liable to be dismissed outright. The material placed before the court may constitute information within the meaning of Rule 7 of the relevant High Court Rules, on the basis of which the court may take suo motu cognizance under Article 215 of the Constitution. The petition must first be placed before the Chief Justice on the administrative side for necessary orders and cannot be numbered and listed directly on the judicial side.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
