Court No. - 33
Case :- CONTEMPT APPEAL No. - 4 of 2019 Appellant :- Vahid Ahmad Respondent :- Sanjeev Kumar,D.M. And 3 Others Counsel for Appellant :- Rajkishore Singh
Hon'ble Manoj Misra,J.
Hon'ble Saurabh Shyam Shamshery,J.
The appeal has been preferred against order dated 03.05.2019 passed by learned Single Judge in Contempt Application (Civil) No. 2709 of 2019. The order impugned only dismisses the contempt application by refusing to draw proceeding against contemnor-opposite party.
The office of the Stamp Reporter has submitted a report that the contempt appeal is not maintainable under Section 19 of the Contempt of Courts Act.
Section 19 of Contempt of Courts Act, 1971 provides as follows:-
"19. Appeals.—(1) An appeal shall lie as of right from any order or decision of High Court in the exercise of its jurisdiction to punish for contempt—
(a) where the order or decision is that of a single Judge, to a Bench of not less than two Judges of the Court;
(b) where the order or decision is that of a Bench, to the Supreme Court:
Provided that where the order or decision is that of the Court of the Judicial Commissioner in any Union territory, such appeal shall lie to the Supreme Court.
(2) Pending any appeal, the appellate Court may order that—
(a) the execution of the punishment or order appealed against be suspended;
(b) if the appellant is in confinement, he be released on bail; and
(c) the appeal be heard notwithstanding that the appellant has not purged his contempt.
(3) Where any person aggrieved by any order against which an appeal may be filed satisfies the High Court that he intends to prefer an appeal, the High Court may also exercise all or any of the powers conferred by sub-section (2).
(4) An appeal under sub-section (1) shall be filed—
(a) in the case of an appeal to a Bench of the High Court, within thirty days;
(b) in the case of an appeal to the Supreme Court, within sixty days, from the date of the order appealed against."
Interpretting the provisions of section 19, the Apex Court in Midnapore Peoples' Coop. Bank Ltd. v. Chunilal Nanda and others : (2006) 5 SCC 399 has held that an appeal under Section 19 is maintainable only against an order or decision of the High Court passed in exercise of its jurisdiction to punish for contempt, that is, an order imposing punishment for contempt. Neither an order declining to initiate proceedings for contempt, nor an order initiating proceedings for contempt nor an order dropping the proceedings for contempt nor an order acquitting or exonerating the contemnor, is appealable under Section 19.
In view of the above, the appeal is dismissed as not maintainable.
Order Date :- 3.6.2019/Sunil Kr Tiwari