Contempt Notice Not To Be Issued In Routine Manner: Delhi HC [Read Judgment]

Contempt proceedings cannot be likened to proceedings inviting interrogatories, the court observed.The Delhi High Court has observed that notice on contempt petitions is not to be issued in a routine manner and would be justified only if the court prima facie feels that possible contempt might have been committed.Justice C Hari Shankar was considering an application seeking initiation of. The Delhi High Court has observed that notice on contempt petitions is not to be issued in a routine manner and would be justified only if the court prima facie feels that possible contempt might have been committed. Justice C Hari Shankar was considering an application seeking initiation of civil and contempt proceedings contending that despite directions having been issued by the court to the alleged contemnors to place on record the original documents, they have complied with the said directions to a very limited extent by filing only three out of 27 documents. Notice, on contempt petitions, is not, therefore, to be issued in a routine manner and would be justified only where, on the facts alleged before it - which, in turn, must be backed by sufficient evidentiary material, which must itself inspire confidence - the Court feels, prima facie, that possible contempt might have been committed.” Referring to various authorities and precedents, the court observed that even before issuing notice to the alleged contemnor on a contempt petition, it is the duty of the court to be satisfied that there is a clear, unambiguous and unequivocal allegation in the petition that the contemnor is guilty of disobeying the order of the court, and such disobedience is wilful and contumacious in nature, and the factual matrix and background for the said allegation is equally clearly and unambiguously set out in the petition.