In exercise of the powers conferred under
Articles 215 and 225 of the Constitution of India, Section 129 of the Code of
Civil Procedure, the Contempt of Courts Act, 1952 and the inherent powers of
the High Court and all other powers hereunto enabling the High Court of
Karnataka at Bangalore to make the following rules to regulate the proceedings
for Contempt of Subordinate Courts and of the High Court under the Contempt of
Courts Act, 1952 (Central Act XXXII of 1952). Proceedings under the Act may be initiated.- (a)
by the High
Court on its own motion by an order; or (b)
by cases of
contempt of Subordinate Courts referred to the High Court and upon orders of
the High Court thereon; or (c)
by an
application presented by a party or parties aggrieved. Cases of Contempt of Subordinate Courts referred to the High Court by
them shall be first dealt with on the administrative side. They will be placed
before the Chief Justice who may pass an order on them himself or direct that
they be placed before any other Judge. In the event an order is made for
instituting contempt proceedings, the necessary papers shall be sent to the
Advocate-General for conducting the proceedings as provided in Every application or order initiating the proceedings under the Act
shall bear the cause title "Contempt of Courts Case". The applicant
shall be called the "Complainant" and the opposite party the
"accused". In cases coming under clauses (a) and (b) of Rule 1 the State of
Karnataka shall be described as the Complainant. An application under sub-clause (c) of Rule 1 shall contain in precise
language a statement setting forth the facts constituting the alleged contempt,
supported by an affidavit, and shall be presented in the manner required by
Rules 1 and 2 of the High Court Rules. On the passing of an order for the initiation of proceedings under the
Act by the High Court under sub-clauses (a) and (b) of Rule (1) or on
the admission of the petition presented under sub-clause (c) of Rule (1) a
distinctive serial number shall be given and all further proceedings connected
therewith shall bear that number. A copy of the order under sub-clauses (a) and (b) of Rule (1) and such
other papers as may be deemed necessary by the Judge passing orders under rule
(2) or the copy of the petition under sub-clause (c) of Rule (1) shall be
served on the accused person or persons as the case may be to show cause
against such proceedings. The Registrar shall fix the date and place of hearing and issue summons,
generally, in the first instance for the appearance of the accused. 7a. The accused on such appearance may file his objections, if any, in
the form of an affidavit, showing cause against such order or petition. 7b. On considering the cause shown under clause 7(a) and after hearing
the parties, the High Court may proceed to try the accused if in the opinion of
the High Court a prima facie case appears to have been made out or may
discharge the accused if no such case has been made out. The rules of the High Court governing issue of processes shall apply for
every process issued under the Act. Every contempt application shall be heard by a Bench of not less than
two Judges and shall be posted before such Bench as the Chief Justice may
direct. The Advocate-General shall appear and conduct the proceedings initiated
under sub-clauses (a) and (b) of Rule (1). In proceedings initiated under
clause (c) of Rule (1) the complainant will have the right of being represented
by an Advocate of the High Court competent to appear in such High Court to
conduct the prosecution. Every accused against whom proceedings are initiated under the Act may
of right be defended by an Advocate of his choice competent to appear before
the High Court. The procedure prescribed for summary trials under Chapter XXII of the
Code of Criminal Procedure, 1898 shall so far as may be applicable be followed
in the trial of cases under the Act. The provisions of the Code of Criminal Procedure, 1898, in so far only
as they are not inconsistent with the Act and these rules shall be applicable
in the trial of cases under the Act. Every process under the Act issued against the accused residing outside
the jurisdiction of the High Court, shall be sent for service to the District
Judge, within the local limits of whose jurisdiction such person resides. The Registrar shall draw up orders made on Contempt application and see
that fines and costs, if any, imposed are paid and the orders of the Court are
duly carried out by suitable process in execution. [1] Published in the Karnataka Gazette,
dated.......vide Notification No. R.O.C. 1112-55, dated 12-8-1955.[1]RULES TO REGULATE THE PROCEEDINGS FOR CONTEMPT OF
SUBORDINATE COURTS AND OF THE HIGH COURT UNDER THE CONTEMPT OF COURTS ACT, 1952
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