"38. The Rules so framed by all the Courts in India do show thatproceedings are initiated inter alia with the filing of an application or a petition in that behalf. If, however, proceedings are not initiated by filing of an application within a period of one year from the date on which the contempt is alleged to have been committed then the Court shall not have jurisdiction to punish for contempt. If, on the other hand, proceedings are properly initiated by the filing of an application, in the case of civil contempt like the present before the Court within the period of limitation then the provisions of Section 20 will not stand in the way of the Court exercising its jurisdiction.
39. In the case of criminal contempt of subordinate court, the High Court may take action on a reference made to it by the subordinate court or on a motion made by the Advocate-General or the Law Officer of the Central Government in the case of Union Territory. This reference or motion can conceivably commence on an application being filed by a person whereupon the subordinate court or the Advocate-General if it is so satisfied may refer the matter to the High Court. Proceedings for civil contempt normally commence with a person aggrieved bringing to the notice of the Court the willful disobedience of any judgment, decree, order etc. which could amount to the commission of the offence. The attention of the Court is drawn to such a contempt being committed only by a person filing an application in that behalf. In other words, unless a Court was to take a suo motu action, the proceeding under the Contempt of Courts Act, 1971 would normally commence with the filing of an application drawing to the attention of the Court to the contempt having been committed. When the judicial procedure requires an application being filed either before the Court or consent being sought by a person from the Advocate-General or a Law Officer it must logically follow that proceeding for contempt are initiated when the applications are made.
40. In other words, the beginning of the action prescribed for taking cognizance of criminal contempt under Section 15 would be initiating the proceedings for contempt and the subsequent action taken thereon of refusal or issuance of a notice or punishment thereafter are only steps following or succeeding to such initiation. Similarly, in the case of a civil contempt filing of an application drawing the attention of the Court is necessary for further steps to be taken under the Contempt of Courts Act, 1971."
(emphasis added)
35. The Apex Court in Pallav Sheth (supra) then also confirmed the view taken by a Full Bench of Punjab and Haryana High Court in Manjit Singh and Others Vs. Darshan Singh and Others, MANU/PH/0293/1983 : 1984 Cri.L.J. 301. The Court while affirming the view taken by Punjab and Haryana High Court, has quoted observation made in para 19 of Manjit Singh and Others (supra) as under:
"19. To finally conclude it must be held that the terminus a quo for limitation begins under Section 20 of the Act on the date on which the contempt is alleged to have been committed. The terminus ad quem in case of criminal contempt would necessarily vary and be related to the modes of taking cognizance thereof provided for in S. 15. In cases where it is initiated on the Court's own motion it would necessarily be from the issuance of the notice for contempt by the Court. In case of a motion by the Advocate General under S. 15(1)(a), the proceedings would initiate from the date of the filing of such a motion in the High Court. Where any other person moves the Advocate General for his consent in writing as prescribed in S. 15(1)(b), the initiation of proceedings would be with effect from the date of such application. Lastly, in cases of criminal contempt of a subordinate Court on a reference made by it the proceedings must be deemed to be initiated from the date when such reference is made."
36. A Division Bench consisting one of us (Hon'ble Sudhir Agarwal, J.) has also considered this aspect in judgment dated 14.08.2015 in Review/Recall Application No. 243043 of 2015 in Contempt Application (Criminal) No. 16 of 2011 and in paragraph 21 the Bench after following the decision in Pallav Sheth Vs. Custodian and others (supra), has said as under:
21. From a perusal of the aforesaid, it is evident that the view taken by the Court is that beginning of action for contempt under Section 15 would be when proceedings for contempt are 'initiated'. That initiation would be when the reference is made. The order issuing notice or not is only a step follow or succeeded to such initiation. The limitation for contempt has to be seen when the contempt is said to have been committed and when the reference was made by the subordinate court. If the date for reference made by subordinate court is within one year from the date when the action or omission constituting contempt was committed, the matter would be within limitation and the date on which this Court issued notice would be relevant. In the present case, the act of contempt was committed by applicant-contemnor on 9th September, 2010 and reference was made by Presiding Officer of the Court below on 12.9.2010, which is just within a week. Therefore, proceedings are deemed to be initiated on that date i.e. 12.9.2010 and it cannot be said that Section 20 is attracted in the case in hand."
37. In view of the aforesaid decisions it cannot be said that the proceedings in the aforesaid three contempt applications are barred by limitation and, therefore, the contention raised otherwise is rejected.
IN THE HIGH COURT OF ALLAHABAD
Contempt Application (Criminal) Nos. 7 of 2006, 26 and 27 of 2010
Decided On: 21.09.2015
R.A. Singh
Vs.
Rakesh Agarwal
Vs.
Rakesh Agarwal
Coram:Sudhir Agarwal and Brijesh Kumar Srivastava II-II, JJ.
Citation:2016 CRLJ(NOC)325 ALL
