Contempt Petition.

Querist : Anonymous (Querist) 28 March 2011 This query is : Resolved
If the judgment of the single bench was not obeyed than a party has filed a contempt petition in the same court but before filing the contempt petition the judge was transferred to division bench now my advocate says that Only the judge whose ordered was violated can hear the contempt petition in the Court and no one else can hear the contempt petition.

Eg : X Judge order that Z should demolish the unauthorised building but Z didn't & so it has been found that it is a contempt of court now P the person has filed a contempt petition in the SAME Court. But the X judge is now transferred to division bench so the advocate of P says that Only the judge whose ordered was violated can hear the contempt petition in the Court ?

Is it applicable in to every HC & SC also that Only the judge whose ordered was violated can hear the contempt petition in the Court ?

If yes than if the judge is transferred to the division , full, consitutitonal bench than how will hear the contempt petition in the court ?

PLs guide with the case law of any apex court .

Thanks

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adv. rajeev ( rajoo ) (Expert) 28 March 2011
It is absolutely wrong. The new presiding officer will hear.

R.Ramachandran (Expert) 28 March 2011
First ask your lawyer to file the contempt petition. Then it is for the court to post the matter before whichever bench. How does that matter? I agree with the views of Mr. Rajeev.

Kirti Kar Tripathi (Expert) 28 March 2011
The contempt proceedings neither relate with presiding officer only nor with aggrived party. It is relates with Court and party, who alleged to have disobeyed the orders. The aggrieved party merely an informant.

Devajyoti Barman (Expert) 28 March 2011
I wish to differ.

Only the Judge whose order gets violated can hear the contempt petition. No other judge can hear such case.In Calcutta High Court this is very much a Rule.
Of course here I mean judge to be a High Court Judge.

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