Tuesday 28 March 2017

Whether third party can become party in contempt of court proceeding without consent of contemnor?

It is necessary to notice, that certain counsel, appeared on their own. We enquired from them, whether they were duly authorised by Sri Justice C.S. Karnan, and were in possession of a power of attorney to represent him. They had no such authorization. These learned counsel submitted, that they proposed to file impleadment application on behalf of certain organization. The oral prayer for impleadment is rejected.
5. Since contempt proceedings are a matter strictly between the Court and the alleged contemnor, anyone who enters appearance and disrupts the proceedings of this case in future, should understand that he/she can be proceeded against, in consonance with law. All that we need to say is, that no one should appear in this matter, without due consent and authorization.
IN THE SUPREME COURT OF INDIA
SUO MOTU CONTEMPT PETITIONC NO. 1 OF 2017
Date of Order: 13.02.2017
Appellants: In Re: Sri Justice C.S. Karnan
Hon'ble Judges/Coram:
J.S. Khehar , C.J., Dipak MisraJ. ChelameswarRanjan GogoiMadan B. LokurPinaki Chandra Ghose and Kurian Joseph, JJ.
Citation:(2017) 2 SCC 756

1. Sri Justice C.S. Karnan has been duly served, in terms of the motion Bench order dated 08.02.2017. A communication dated 10.02.2017 addressed by Sri Justice C.S. Karnan to the Secretary General of this Court has been received in the Registry of this Court. Every page of the above communication bears his signatures. The aforesaid letter of Sri Justice C.S. Karnan is taken on record.
2. Despite due notice, Shri Justice C.S. Karnan has not appeared. No one has been authorised by Sri Justice C.S. Karnan to represent him today. In any case, no one having a power of attorney, has represented him today. We are not aware of the reason(s) for his non-appearance. It is therefore, that we refrain from proceeding with the matter as of now.
3. Post for hearing on 10.03.2017 at 10.30 a.m. Sri Justice C.S. Karnan is directed to be present in Court in person, on the next date of hearing. We also hereby direct, that the interim order passed in this matter on 08.02.2017, shall continue till further orders.
4. It is necessary to notice, that certain counsel, appeared on their own. We enquired from them, whether they were duly authorised by Sri Justice C.S. Karnan, and were in possession of a power of attorney to represent him. They had no such authorization. These learned counsel submitted, that they proposed to file impleadment application on behalf of certain organization. The oral prayer for impleadment is rejected.
5. Since contempt proceedings are a matter strictly between the Court and the alleged contemnor, anyone who enters appearance and disrupts the proceedings of this case in future, should understand that he/she can be proceeded against, in consonance with law. All that we need to say is, that no one should appear in this matter, without due consent and authorization.
6. The Registry shall communicate the instant order to Sri Justice C.S. Karnan, in the same manner as he was communicated the previous order.

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