Research › Browse › Judgment

Supreme Court of India · body

2007 DIGILAW 1458 (SC)

Vitusah Oberoi v. Court of Its Own Motion

2007-09-28

ARIJIT PASAYAT, P.SATHASIVAM

body2007
JUDGMENT : 1. These are the appeals in terms of Section 19 of the Contempt of Courts Act, 1971 (in short 'the Act') which reads as follows:- "Appeals- (1) An appeal shall lie as of right from any order or decision of High Court in the exercise of its jurisdiction to punish for contempt- (a) where the order or decision is that of a Single Judge, to a Bench of not less than two Judges of the Court; (b) where the order or decision is that of a Bench, to the Supreme Court: Provided that where the order or decision is that of the Court of the Judicial Commissioner in any Union Territory, such appeal shall lie to the Supreme Court. (2) Pending any appeal, the appellate Court may order that- (a) the execution of the punishment or order appealed against the suspended; (b) if the appellant is in confinement, he be released on bail; and (c) the appeal be heard notwithstanding that the appellant has not purged his contempt. (3) Where any person aggrieved by any order against which an appeal may be filed satisfies the High Court that he intends to prefer an appeal, the High Court may also exercise all or any of the powers conferred by sub-section(2). (4) An appeal under sub-section (1) shall be filed- (a) in the case of an appeal to a Bench of the High Court, within thirty days; (b) in the case of an appeal to the Supreme Court, within sixty days, from the date of the order appealed against." (Underlined for emphasis) 2. The appeals are admitted. 3. The punishment imposed by the High Court shall not be executed without leave of this Court. 4. Since the High Court initiated suo-moto contempt proceedings, we request Mr. T.R. Andhyarujina, learned senior counsel to act as Amicus-Curiae in the matter. Copies of the paper books be supplied to him by the Registry. 5. The matters shall be listed on 16.01.2008 for hearing. 6. The application for impleadment is rejected.