Order Declining Sanction By Advocate General Under Section 15 (1) (b) Contempt of Courts Act Not Justiciable: Kerala HC

The Kerala High Court has held that an order declining sanction by the Advocate General under Section 15 (1) (b) of the Contempt of Courts Act, 1971 is not justiciable.

The Court was considering a Writ-Petition seeking directions to the District Supply Officer and Taluk Supply Officer to take action against the 1st Respondent who obtained a ration card by perpetrating fraud.

The single-bench of Justice C.S. Dias observed, "In the light of the emphatic proclamation of the law in Joseph Kuzhijalil’s case, an order declining sanction by the learned Advocate General under Section 15 (1) (b) of the Contempt of Courts Act, 1971 is not justiciable. Therefore, the writ petition has to necessarily fail."

The Petitioner was represented by Advocate N. Prakash while the Respondent was represented by Senior Government Pleader Shri V. Manu.

Facts of the Case

The 1st Respondent filed a counter affidavit in the Writ-Petition containing false statements to mislead the Court. Hence, the Petitioner filed Sanction Petition before the Advocate General under Section 15(1)(b) of the Contempt of Courts Act, 1971 to initiate criminal contempt proceedings against the 1st Respondent. The Petitioner also filed I.A. to initiate proceedings against the 1st Respondent under Section 229 of the Bharatiya Nyaya Sanhita, 2023. However, the Advocate General has rejected the Petitioner’s application.

Counsel for the Petitioner argued that the impugned order was passed without any application of mind or valid reason and is justiciable before the Court. On the other hand, the Special Government Pleader contended that the writ-petition is not maintainable because the grant or refusal of sanction/consent by the Advocate General under Section 15 (1) (b) of the Act is not justiciable as his role is that of an Amicus Curiae to assist the Court on the administrative side. Reliance was placed on Supreme Court's decision in P.N.Duda v. P.Shiv Shanker and others, Bal Thackrey v. Harish Pimpalkhute and others.

Reasoning By Court

The Court at the outset referred to sub-sections (1) and (2) of Section 15 of the Contempt of Courts Act, 1971 and Supreme Court's decision in S.K. Sarkar v. Vinay Chandra Misra, P.N. Duda and Joseph Kuzhijalil v. Joseph Pulikunnel

The Court re-iterated the findings of Joseph Kuzhijalil that an order declining sanction by the Advocate General under Section 15 (1) (b) of the Contempt of Courts Act, 1971 is not justiciable.

Dismissing the Petition, the Court observed, "Nonetheless, it is clarified that, the dismissal of this writ petition will not fetter the right of the petitioner to prosecute his application for initiating proceedings against the 1st respondent under Section 229 of the Bharatiya Nyaya Sanhita, 2023, and this Court from deciding whether criminal contempt of court proceeding is to be initiated against the 1st respondent."

The Writ-Petition was accordingly dismissed.

Cause Title: N. Prakash vs. R. Ashakumari (2025:KER:16799)

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