Proceeding To Framing Charges For Contempt Not Appealable U/S 19(1) Of Contempt Of Courts Act: Kerala High Court
The Kerala High Court dismissed a Contempt Appeal filed under Section 19(1) of the Contempt of Courts Act, seeking to set aside the Single Judge's Order.
The Kerala High Court reiterated that proceeding to framing charges for contempt is not appealable under Section 19(1) of the Contempt of Courts Act, 1971 (CCA).
The Court reiterated thus in a Contempt Appeal filed under Section 19(1) of CCA read with Section 5(i) of the Kerala High Court Act, 1958, seeking to set aside the Order of the Single Judge in a contempt case.
A Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. elucidated, “… the scheme of Section 19 of the Contempt of Courts Act, 1971, the Rules framed thereunder, and the decisions of the Apex Court, particularly in the case of Midnapore Peoples' Co. Op. Bank Ltd., indicate that only those orders which are inextricably connected to and incidental to the order of punishment can be the subject matter of an appeal along with the order imposing punishment. To reiterate the phrase inextricably connected or incidental "to the order imposing punishment" mean that there must first be an order of punishment. Proceeding to framing charges for contempt is thus not appealable under Section 19(1) of the Act.”
The Bench observed that the contempt proceedings are not complete or final until the punishment is rendered and the proceedings are concluded only after the Court renders a final decision, which includes determining a sentence upon finding the party guilty of contempt.
SCGC T.C. Krishna represented the Appellants while Senior Advocate Santhosh Mathew represented the Respondents.
Brief Facts
The Appellants i.e., the retired personnel of Assam Rifles, a Central Paramilitary Force, approached the High Court via Writ Petition seeking parity in the pay-scale as in the case of their counter parts in other paramilitary forces. It was contended that the issue raised by them is no longer res integra, in view of the law laid down by a Division Bench of the Gauhati High Court. The Single Judge ruled in their favour, directing the Director General of Assam Rifles to re-fix their pay and grant arrears of pensionary benefits.
However, the Appellants alleged non-compliance with the Court's directions and filed a Contempt Case. The Single Judge ordered compliance within eight weeks, and later dismissed an Interlocutory Application seeking to vacate this Order. The Appellants, therefore, filed a Contempt Appeal before the High Court.
Reasoning
The High Court after hearing the contentions of the counsel, noted, “The contempt proceedings are between the court and the contemnor and are not a lis between the parties. When the court declares that contempt is committed and passes an order in its contempt jurisdiction, an appeal will lie.”
The Court said that if any positive direction is given that is incidental to and connected with the Order of punishing for contempt, then under an Appeal filed under Section 19 can be filed challenging both the Order of punishing for contempt and the Order that is incidental to it.
“When any issue is decided or a direction is issued on the merits of the matter, independent of the contempt proceedings, then an intra-court appeal (wherever such a provision exists) would be maintainable”, it added.
Furthermore, the Court observed that the Appellants cannot invoke the provision under Section 19(1) of CCA to challenge the impugned Orders of the Single Judge, as those Orders would not fall under the category of Orders which are inextricably connected to and incidental to the Order of punishment.
“… when an issue is decided or direction is issued on the merits of the matter, independent of the contempt proceedings, then an intra-court appeal would be maintainable under Section 5(i) of the Kerala High Court Act. Such an intra-court appeal has to be filed as a writ appeal, which has to be listed before the Division Bench as per the roster, and not before the Division Bench dealing with contempt appeals”, it also explained.
Accordingly, the High Court dismissed the Contempt Appeal as not maintainable.
Cause Title- Lt. Gen Sukhdeep Sangwan & Ors. v. Bijukumar S. & Ors. (Neutral Citation: 2025:KER:17422)
Appearance:
Appellants: SCGC T.C. Krishna, ASGI ARL Sundaresan, and Advocate Suvin R. Menon.
Respondents: Senior Advocate Santhosh Kumar, Advocates John K. George, and P.P. Biju.
