THE CONTEMPT OF COURTS (ANDHRA PRADESH HIGH COURT) RULES, 1980

[THE CONTEMPT OF COURTS (ANDHRA PRADESH HIGH COURT) RULES, 1980][1]

PREAMBLE

In exercise of the powers conferred on the High Court under section 23 of the Contempt of Courts Act, 1971 read with Articles 215 and 227 of the Constitution of India and by section 129 of the Code of Civil Procedure and all other powers hereunto enabling the High Court of Andhra Pradesh hereby makes the following Rules to regulate the Proceedings for Contempts of Subordinate Courts and of the High Court, in supersession of the existing Rules:

Rule - 1.

These Rules shall be called the Contempt of Courts (Andhra Pradesh High Court) Rules, 1980.

Rule - 2.

These Rules shall come into force from the date of publication in the Andhra Pradesh Gazette.

Rule - 3.

Every case initiated for contempt of court under the Contempt of Courts Act, 1971 shall be presented in the office of the Registrar and registered as a contempt case.

Rule - 4.

(1)     Where contempt is committed in the presence or hearing of the High Court, the contemner may be punished by the Judge or Judges in whose presence or hearing is committed either forthwith, or on such date as may be appointed by the court in that behalf or be tried by some other Judge or Judges as the Chief Justice may direct on reference by the Judges concerned.

(2)     Pending the determination of the charge, the court may direct that the contemner shall be determined in such custody as it may specify:

Provided that the contemner may be released on bail on such terms as the court may direct or may be discharged on such terms as the court thinks fit.

Rule - 5.

In case of contempt other than the contempt referred to in rule 4, the High Court may take cognizance of contempt and take action

(a)      suo motu, or

(b)      on a petition made by the Advocate-General of the State of Andhra Pradesh, or

(c)      on a petition made by any person, and in the case of Criminal Contempt with the consent in writing of the Advocate-General of the State of Andhra Pradesh, or

(d)      on a reference made to it by a Court Subordinate to it in the case of any contempt of such Subordinate Court or on a motion made by the Advocate-General of the State of Andhra Pradesh in that behalf.

Rule - 6.

Every case for contempt shall be in the form of a petition supported by an affidavit.

Rule - 7.

(1)     Every petition under rule 5(b) and (c) shall contain:

(a)      the name, description and place of residence of the petitioner or petitioners and of the person charged;

(b)      the nature and details of the contempt alleged, and such material facts, including the date or dates of commission of the alleged contempt, as may be necessary for the proper determination of the case;

(c)      the details of the petition previously made by the petitioner on the same facts, if any, and the result thereof.

(2)     Where the petitioner relies upon a document or documents in his possession or power and refers to them in the petition in support thereof, he shall file such document or documents or true copies thereof duly authenticated along with the petition.

(3)     No court-fee shall be payable on the petition or on any document filed in the contempt proceedings.

Rule - 8.

(1)     The person who presents the petition shall be named as the petitioner and the person charged as the respondent.

(2)     In all contempt cases where cognizance has been taken suo motu or on a reference made by the Subordinate Court without referring it to the Advocate-General the State of Andhra Pradesh shall be described as the petitioner and the Advocate-General shall conduct prosecution for contempt in such cases.

(3)     In all contempt petitions other than those filed by the Advocate-General and other than those referred to in sub-rule (2), the court may direct the Advocate-General to appear and assist the court.

Rule - 9.

(1)     All references made by the Subordinate Courts under rule 5(d) shall contain the particulars as mentioned in rule 7(1)(a) and (b) so far applicable.

(2)     The Subordinate Courts shall transmit all relevant documents or true copies thereof duly attested along with the letter of reference.

(3)     All references made under rule 5(d) by the Subordinate Courts other than the Courts of District and Sessions Judges shall be forwarded through the respective District and Sessions Judges for onward transmission of the same to the High Court expeditiously with their report.

(4)     Before making reference, the Subordinate Courts shall hold a preliminary enquiry by issuing a show-cause notice of the Contemner and after hearing him, the said Court shall write a concise reasoned order of the reference about the alleged contempt.

Rule - 10.

Every reference on receipt in the High Court shall first be dealt with on the Administrative side and will be placed before the Judge in charge of the District in which the Subordinate Court making the reference is situated and the Chief Justice for directions to send the papers to the Advocate-General for taking appropriate action:

Provided that the High Court may also take action suo motu on such reference.

Rule - 11.

Every petition for contempt shall be accompanied by three additional sets of all the papers in the case filed by the petitioner including:

(a)      the petition with affidavit;

(b)      documents relied on;

(c)      other affidavits, if any, filed;

(d)      a copy of or a statement relating to, the matter constituting the alleged contempt;

(e)      notice in Form I to show cause, containing the particulars of the alleged contempt against the contemner, for the record of the court and as many number of such sets as there are contemner for service on them duly stitched in a book-form, pages numbered, indexed and authenticated.

Rule - 12.

Every case for Civil Contempt of the High Court shall be posted before the Judge or Judges in respect of whose judgment, decree, direction, order, writ or other process the contempt is alleged or before whom the undertaking was given in respect of which willful breach was committed or before some other Judge or Judges as the Chief Justice may direct in case the Judge or Judges concerned is or are not available, for preliminary hearing and for orders as to issue of notice to the contemner or contemners as the case may be, if there is a prima facie case and for further hearing before them after notice, if issued. Upon such preliminary hearing, the Judge or Judges if satisfied that no prima facie case has been made out for issue of notice, may dismiss the petition.

Rule - 13.

Every case of contempt shall be posted before a Single Judge for civil contempt and before a Bench of two Judges for Criminal Contempt as the Chief Justice may direct, if the contempt alleged is of a Subordinate Court and before a Bench of two Judges as the Chief Justice may direct, if the contempt alleged is in respect of the High Court and is the one other than that referred to in rule 12 supra, for preliminary hearing and for order as to issue of notice to the contemner or contemners, as the case may be, if there is a prima facie case. Upon such preliminary hearing, the court, if satisfied that no prima facie case has been made out for issue of notice, may dismiss the petition.

Rule - 14.

The case referred to in rule 13 supra, after notice if issued, shall be posted for further hearing before a Single Judge or a Bench of two Judges as the case may be, dealing with such cases for the time being or as directed by the Chief Justice.

Rule - 15.

Where a Judge or Judges of the High Court considers or consider that any matter that might have come to his or their notice in any way, requires initiation of proceedings in contempt against any person, the papers relevant thereto together with a statement of the facts of the case and the direction of the Judge or Judges may be placed before the Chief Justice for directions to send the papers to the Advocate-General or may be sent to the Advocate-General for taking appropriate action or initiation of proceedings may be taken suo motu by the High Court on the Original Side as per the specified directions of the Judge or Judges concerned if any, and the said case shall be posted before the said Judge or Judges concerned, in the case of Civil Contempt of the High Court as mentioned in rule 12 supra, or before a Single Judge or Division Bench as mentioned in rule 13 (supra).

Rule - 16.

In contempt cases where the Government or its servants are party respondents, notice of filing such cases shall be served on the concerned Government pleader in advance before filing and in matters of Civil Contempt of High Court, notice of filing such cases shall be served on the Advocate for opposite party in advance before filing.

Rule - 17.

Any contempt case posted before a Single Judge may be referred to a Bench of two Judges and contempt case posted before Bench of two Judges may be referred to a Bench of more than two Judges for hearing, if the Single Judge or the Bench of two Judges, as the case may be, is or are of the opinion that the said case requires consideration by more than one or two Judges, as the case may be.

Rule - 18.

Notice of every contempt case, if ordered by court for service on the contemner, shall be in Form I and shall be accompanied by one set of all papers filed in the case and the said notice with all enclosures shall be served personally on the alleged contemner, unless the court otherwise directs for reasons to be recorded, requiring him to appear in person, unless otherwise ordered, on a day fixed, which shall be not less than four weeks from the date of the order or as fixed by the court, for hearing of the proceeding and to show cause why he may not be suitably punished under the Contempt of Courts Act, 1971 and he shall continue to remain present during the hearing till the proceeding finally disposed of by order of the court, unless otherwise directed:

Provided that the Court, on an application made by the contemner, before the date fixed for his appearance in the notice, to dispense with his personal appearance in court, may, for sufficient cause, dispense with his personal appearance and permit him to appear by his pleader.

Rule - 19.

No process fee shall be collected from the petitioners for service of process on the alleged contemner.

Rule - 20.

The Registrar (Judicial) may issue fresh notice, if he considers that the service of notice on the alleged contemner is not sufficient.

Rule - 21.

(1)     The court may, if it has reason to believe, that the person charged is absconding or is otherwise evading service of notice, order substituted service.

(2)     The court may also if it has reason to believe that the person charged is absconding or is otherwise evading service of notice, or if the person charged fails to appear in person or continue to remain present in person in pursuance of the notice, direct a warrant bailable or non-bailable for his arrest, addressed to one or more police officers or may order attachment of his property or both simultaneously or one after the other.

(3)     The warrant of arrest shall be issued under the signature of the Registrar (Judicial) or the Deputy Registrar and it shall be in Form II and shall be executed, as far as may be, in the manner provided for execution of warrants under the Code of Criminal Procedure, 1973.

(4)     The warrant shall be executed by the officer or officers to whom it is directed, and may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.

(5)     Where a warrant is to be executed outside the State of Andhra Pradesh, the court may, instead of directing such warrant to police officer, forward it to the Magistrate of the District or the Superintendent of Police of the District or Commissioner of Police of the City within which the person charged is believed to be residing. The Magistrate or the Police Officer to whom the warrant is forwarded shall endorse his name thereon and cause it to be executed.

(6)     Every person who is arrested and detained shall be produced before the nearest Judicial Magistrate or the Metropolitan Magistrate, as the case may be, within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the said Magistrate, and no such person shall be detained in custody beyond the said period without the authority of either a Judicial Magistrate or a Metropolitan Magistrate, as the case may be, and the said person may be released by the said Magistrate subject to the provisions as to bail under the Code of Criminal Procedure, 1973 on execution of a bond in Form III for his attendance in the High Court on a particular date to answer the charge of contempt and to continue to attend the said court on all days thereafter until otherwise directed by the High Court for hearing and determination of the case.

(7)     If the alleged contemner cannot be arrested by reason of his absconding or keeping but of the way to avoid arrest or for the reasons mentioned in sub-rule (2) supra, the court may, upon being satisfied thereof, grant an order for the attachment of his property of such value or amount as it may deem reasonable in the manner provided in the Code of Civil Procedure, 1908, for the attachment of property in execution of a decree for payment of money, and if, after such attachment, the person charged appears and shows to the satisfaction of the court that he did not abscond or keep out of the way to avoid service of the notice or arrest or shows sufficient cause for his absence on the date of hearing, the court shall order the release of his property from such attachment upon such terms as to costs or otherwise as it may think fit.

Rule - 22.

The alleged contemner may file an affidavit confessing the contempt or file his reply duly supported by an affidavit or affidavits together with documents, if any, on which he proposes to rely, in support of his defence.

Rule - 23.

No further affidavit or document shall be filed except with the leave of the court.

Rule - 24.

The court may determine the matter of contempt either on the affidavits filed or after taking such further evidence as may be necessary:

Provided that the High Court may also direct any Subordinate Court to record evidence and submit the same to the High Court and the said court will have all the powers of recording evidence of witnesses under Civil Procedure Code and Criminal Procedure Code.

Rule - 25.

The court may, either suo motu, or on motion made for that purpose, order the attendance for cross-examination of a person whose affidavit has been filed in the matter.

Rule - 26.

The court may make orders for the purpose of securing the attendance of any person to be examined as a witness and for discovery or production of any document.

Rule - 27.

The court may pass such orders as the justice of the case requires.

Rule - 28.

At any stage of the case, the court may, of its own motion, direct the attachment of the property of the alleged contemner, if the circumstances of the case warrant.

Rule - 29.

Every affidavit filed in the contempt case may be made before the Commissioner for Oaths appointed by the High Court or Notary as defined in the Notaries Act, 1952 or any Gazetted Officer in the service of the State Government or the Union Government or a Retired Gazetted Officer receiving pension from the Government or an Advocate other than the Advocate who has been engaged in the case or a village Magistrate or a Member of the Village Panchayat or Panchayat Samiti or a Municipal Council or a Member of the Legislative Council or the Assembly.

Rule - 30.

Where the person charged confesses the contempt committed by him and submits to the judgment of the court thereon, his submission and confession shall be recorded and the court may, in its discretion, either, commit him to jail or accept bail for his appearance before the court, at such time as may be appointed, to receive the judgment of the court for his contempt.

Rule - 31.

Where the person charged with contempt is adjudged guilty and is sentenced to suffer imprisonment, a warrant of commitment and detention shall be made out in Form IV under the signature of the Registrar (Judicial) or Deputy Registrar. Every such warrant shall remain in force until it is cancelled by order of court or until it is executed. The Superintendent of the Jail shall, in pursuance of the order receive the person so adjudged and detain him in custody for the period specified therein or until further orders.

Rule - 32.

(1)     The court shall fix the subsistence allowance when the contemner is committed to civil prison in accordance with his status.

(2)     In cases of suo motu proceedings and proceedings under reference where the State of Andhra Pradesh is the prosecutor, such subsistence allowance shall be borne by the State.

(3)     In other proceedings where the petitioner is a private party, the contemner shall not be arrested when committed to civil prison unless and until the subsistence allowance, as fixed by the court, is deposited into court.

Rule - 33.

If the court awards a sentence of fine and the fine amount is not paid at once or within such time as may be granted by the court, the Registrar (Judicial) or the Deputy-Registrar shall take action in anyone of the ways as provided in section 421 of the Code of Criminal Procedure, 1973.

Rule - 34.

(1)     The court may award such costs as it may deem fit in the circumstances of the case.

(2)     Where the costs are awarded in a proceeding relating to Criminal Contempt the same shall be recoverable as if it were fine.

(3)     Where the costs are awarded in a proceeding relating to Civil Contempt, the same may be recovered as if the order were a decree of the court under the Code of Civil Procedure, 1908.

Rule - 35.

In the case of Civil Contempt, even after the alleged contemner is punished, if he persists in contempt with regard to the same matter in respect of which he is punished, his property may be attached in the manner provided for the attachment of property in execution of a decree for money and the said attachment shall continue until the said person complies with orders of court and gives such security as the court directs for compliance with the said orders in future as per directions of court or until the court orders the property to be released.

Rule - 36.

(1)     Every appeal filed under the Contempt of Courts Act, 1971, shall be numbered as Contempt Appeal.

(2)     Every such appeal against the order of a Single Judge shall be posted before a Bench of two Judges for orders as to whether notice shall be issued to the respondent.

(3)     The procedure for regulation of such appeals shall be the same as for appeals under clause 15 of the Letters Patent.

(4)     No court-fee shall be payable on the memorandum of appeal filed by the contemner.

Rule - 37.

(1)     With regard to all proceedings for contempts, the procedure prescribed in these rules which is not inconsistent with any of the provisions of the Contempt of Courts Act, 1971, shall be followed.

(2)     Save as otherwise provided by the rules contained herein, the provisions of the rules of High Court of Judicature, Andhra Pradesh, Hyderabad in its original jurisdiction and in its Appellate Jurisdiction shall, so far as may be, apply to proceedings in relation to Contempt Cases and Contempt Appeals respectively.

Rule - 38.

It shall be the duty of the Deputy Registrar, High Court, to draw up orders made in respect of contempt matters and to see that fines and costs, if any, imposed are paid and that the orders of court are carried out.

Rule - 39.

All the existing Rules relating to regulation of proceedings for Contempts of Subordinate Courts and of the High Courts are hereby repealed.