Mohamad Ibrahim Vs. Shri R. K. Mishra

Madhya Pradesh High Court (Single Judge)

CONC, 465 of 2021, Judgment Date: Jul 27, 2021

Law laid down -

4. Jurisdiction under Article 215 of the Constitution shall not be exercised to make provision of Section 20 of Contempt of Court Act, 1971 otiose nor Section 20 be interpreted strictly to render power under Article 215 of the Constitution nugatory. Article 215 of the Constitution and Section 20 of Contempt of Court Act is to be construed harmoniously and only in exceptional or blatant case of contempt High Court shall exercise power beyond period of one year limitation period. Section 20 does not bars jurisdiction of High Court to take cognizance of contempt but self imposed restriction to exercise jurisdiction under Article 215 of the Constitution to entertain civil contempt.

5. Powers under Article 215 of the Constitution of India is to be exercised keeping in view Section 20 of Contempt of Courts Act, 1971. Limitation for filing contempt under Section 20 is of one year. In exceptional circumstances, this Court can exercise its power for initiating contempt beyond period of one year. Petitioner is unable to show any exceptional or extra ordinary circumstances so that this Court can exercise its jurisdiction under Article 215 read with Section 20 of the Contempt of Courts Act to initiate proceedings even after limitation provided for filing of contempt petition case is over.

Mohamad Ibrahim Vs. Shri R. K. Mishra