Atul Jauhari 14 December 2017

Contempt of court by subordinate court

In one of the cases, it has been observed that the subordinate (Magistrate) court has disobeyed the order passed by the High Court of the same state. Also, flouted Legal Provisions and did not take cognizance of several Case Laws (Judgements of Supreme Court and other High Courts), though filed in the subordinate court. Also, no reason was cited why those Case Laws were not considered while passing orders or Legal Provisions were not followed.

Q1. Under these circumstance, can Contempt Of Court proceedings be inititaed against the Magistrate?

QQ2. If yes, whther it should be Criminal or Civil Contempt.

Q3. What should be specifically prayed while filing Contempt Petition

Q4. As per the Rules of filing Criminal Contempt petition, consent of Advocate General is necessary. What is the procedure for cobtaining consent of Advocate General.

Reply Follow

5 Replies

G.L.N. Prasad (Retired employee.) 14 December 2017

Except by way of appeal such judicial actions can not be challenged.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 14 December 2017

The writ jurisdiction of the High Court under Article 226 and 227 of the Constitution of India is a very effective and powerful remedy available in law. Amongst various powers available to the High Court under the above mentioned Articles is power to correct the mistake/error committed by the courts subordinate to the High Court. It is however necessary that it must be clearly understood as to when could the scope of High Court be successfully invoked in exercising its jurisdiction.

Atul Jauhari 14 December 2017

Do you mean, Mr. Prasad, Contempt of Court petition cannot be filed.

N.K.Assumi (Advocate) 15 December 2017

Agree with expert Rama chary Rachakonda; No contempt, and invoking the Supervisory jurisdictions of the High Court is more than enough in this matter.There are judgments where even High Courts did not follow the Supreme Court judgment.

Atul Jauhari 17 December 2017

Mr. Rama Chary, by a writ, corrective mesaures can be taken, but not necessarily High Court can take suo-moto cognizance of contempt and punish the presiding officer of a subordinate court. In your opinion what could be the remedial measures for generating an action against the presiding officer of a subordinate court.

Mr. Assumi, circumstances of one case differs from other. If a High Court disgrees with any judgement of Supreme Court, usually they cite the reason why they don't agree with the SC Judgement. However, under similar circumstatnce, contmpt petition can be filed in the Supreme Court against the High Court.