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2024 DIGILAW 588 (KER)

Joseph Kavirayor Ethelbert v. NSK Umesh

2024-05-30

MURALI PURUSHOTHAMAN

body2024
ORDER The Contempt of Court Case has been filed alleging non compliance of the directions in the judgment of this Court dated 12.02.2024 in W.P.(C) No.5306 of 2024. The Registry, on scrutiny, has noted a defect that grounds as stipulated under Rule 5A of the Contempt of Court Rules are not filed. 2. The learned counsel for the petitioner has answered the defect stating that ‘the grounds are included in the statement of facts’. 3. Accordingly, the Contempt of Court Case is posted today ‘as filing defect’. 4. In the Contempt of Court petition filed, no separate ‘grounds’ are set out. After setting forth the ‘statement of facts’, it is stated that ‘the grounds are included in the statement of facts’. The point to be considered is whether the Contempt of Court Case petition shall contain the grounds on which the relief is sought. 5. Heard Sri. Abraham George Jacob, the learned counsel for the petitioner. 6. Rule 5A of the Contempt of Courts (High Court of Kerala) Rules, 1988 reads as follows:- “5A.(1) The petitioner shall before filing, the petition in Court, serve a copy of the petition and the annexures on the Advocate General where the petition is against the State Government or an Officer of the State Government and on the concerned Standing Counsel where the petition is against the Union of India or any officer of the Central Government or other public authority.” Rule 5A is not relevant here. The defect noted by the Registry comes under Rule 5(b). 7. Rule 5 of the Contempt of Courts (High Court of Kerala) Rules reads as follows:- “5. Contents of the petition. – The petition shall contain:-- (a) the name (including the name of Father/Mother/Husband), age, occupation and address of the petitioner and the name, occupation and full address of the respondent; If the alleged contemner is an Officer, he shall be described by name. Contents of the petition. – The petition shall contain:-- (a) the name (including the name of Father/Mother/Husband), age, occupation and address of the petitioner and the name, occupation and full address of the respondent; If the alleged contemner is an Officer, he shall be described by name. (b) the grounds and all relevant facts constituting the alleged contempt, divided into paragraphs numbered consecutively, along with supporting documents or certified/photostat (attested) copies of the original thereof; (c) provision of the Act invoked and the nature of the contempt, “civil” or “criminal”, (d) if any petition for the same or similar relief had previously been made in any Court, the particulars and the result thereof; (e) in the case of “civil contempt”, certified copy of the judgment, decree, order, writ or undertaking alleged to have been disobeyed shall be filed along with the petition;” (underlining supplied) 8. Section 2(b) of the Contempt of Courts Act, 1971 defines “civil contempt” to mean wilful disobedience to any judgment, decree, direction, order, writ or other process of a Court or wilful breach of an undertaking given to a Court. 9. Rule 165 of the Rules of the High Court of Kerala, 1971 deals with an application for punishment for contempt and reads as follows:- “165. Application for punishment for contempt.— (a) An application for punishment for contempt shall be registered as an Original Petition (Contempt). (b) The application shall be accompanied by a memorandum of charges with a statement of the facts constituting the contempt and shall be supported by an affidavit.” The Contempt of Courts (High Court of Kerala) Rules, 1988 has been framed by the High Court of Kerala in exercise of the powers conferred under Articles 215 and 225 of the Constitution of India and Section 23 of the Contempt of Courts Act, 1971 to regulate the proceedings for contempt of itself or of a Court subordinate to it. Section 23 of the Contempt of Courts Act, 1971 empowers the High Court to make Rules providing for any matter relating to its procedure. Contempt of Courts (High Court of Kerala) Rules relates to procedure to regulate the proceedings of the High Court for contempt of itself or of a Court subordinate to it. Section 23 of the Contempt of Courts Act, 1971 empowers the High Court to make Rules providing for any matter relating to its procedure. Contempt of Courts (High Court of Kerala) Rules relates to procedure to regulate the proceedings of the High Court for contempt of itself or of a Court subordinate to it. Rule 3 of the Contempt of Courts (High Court of Kerala) Rules provides that every petition for initiating action for contempt shall, subject to Rule 7, be received in the Registry of the High Court and registered as ‘Contempt of Court Case’. Rule 5 provides that the petition shall contain the name, age, occupation and address of the petitioner and the name, occupation and full address of the respondent and the grounds and all relevant facts constituting the alleged contempt, divided into paragraphs numbered consecutively, along with supporting documents or certified/photostat (attested) copies of the original thereof. The Rule thus provides that the Contempt of Court Case petition shall contain the grounds and all relevant facts constituting the alleged contempt. It is a well settled salutary principle that if a statute provides for a thing to be done in a particular manner, then it has to be done in that manner and in no other manner. The Contempt of Court Case can only be presented in the manner prescribed by the Rules, and the contents of the petition shall conform to Rule 5 of the Contempt of Courts (High Court of Kerala) Rules. The objection noted by the Registry that grounds as stipulated under Rule 5A (sic. Rule 5(b)) of the Contempt of Court Rules are not filed, is sustained. The petitioner may represent the Contempt of Court Case after curing the defect.