[1][THE
CONTEMPT OF COURTS (HIGH COURT OF KERALA) RULES, 1988] In exercise of the
powers conferred under Articles 215 and 225 of the Constitution of India,
section 23 of the Contempt of Courts Act, 1971, and all other powers enabling
in that behalf, to regulate the proceedings for contempt of itself or of a
Court subordinate to it, the High Court of Kerala makes the following Rules: (i) These Rules shall
be called the Contempt of Courts (High Court of Kerala) Rules, 1998 [2](ii) They shall come
into force on the date of their publication in the Official Gazette. In these Rules, unless there is anything
repugnant to the subject or context:- (a)
"Act"
means the Contempt of Courts Act, 1971 (Act No. 70 of 1971). (b)
"Code"
means the Code of Criminal Procedure for the time being in force in the State
of Kerala. (c)
"High
Court" means the High Court of Kerala. (d)
"Judge"
means Judge of the High Court. (e)
"Registrar"
means the Registrar of the High Court and includes any officer not below the
rank of Assistant Registrar as may, from time to time, be specified by the
Chief Justice. (f)
"Subordinate
Court" means any court subordinate to the High Court. (g)
All
other words and expressions used, but not defined, in these Rules shall have
the meaning respectively assigned to them in the Act. Every petition/proceeding for initiating
action for contempt shall be received in the Registry of the High Court and
registered as 'Contempt of Court Case'. The party who presents the petition shall
described as "petitioner" and the alleged contemner shall be
described as "Respondent". The petition shall contain:- [3][(a) the name
(including the name of Father/Mother/Husband), age, Occupation and address of
the petitioner and the name, occupation and full address of the respondent] If the alleged contemner is an Officer, he shall
be described by name. (b) the
grounds and all relevant facts constituting the alleged contempt, divided into
paragraphs numbered consecutively, along with supporting documents or
certified/photostat (attested) copies of the original thereof; (c) provision
of the Act invoked and the nature of the contempt, "civil" or
"criminal"; (d) if any petition for the same or similar
relief had previously been made in any Court, the particulars and the result
thereof; (e) in the case of "civil contempt", certified
copy of the judgment, decree, order, writ or undertaking alleged to have been
disobeyed shall be filed along with the petition; (f) in the case of "contempt of subordinate
court", the petitioner shall state whether the alleged contempt is not an
offence punishable under the Indian Penal Code; (g) in the
case of "criminal contempt" of the High Court other than a contempt
referred to in section 14 of the Act, the petitioner shall state whether he has
obtained the consent of the Advocate General or any Law Officer specified under
section 15 (2) of the Act; if so, produce the same; if not, the reasons
therefor. (h) the
nature of the order sought from the court; (i) every petition shall be signed by the
petitioner and his advocate, if any, and shall show the place and date; (j) the
petition shall be supported by an affidavit except in cases of petitions filed
by the Advocate-General or any other Law Officer specified under Section 15(2)
of the Act; (k) draft charges shall be enclosed in a separate
sheet. (1)
The
petitioner shall before filing, the petition in Court, serve a copy of the
petition and the annexures on the Advocate -General where the petition is
against the State Government or an Officer of the State Government and on the
concerned Standing Counsel where the petition is against the Union of India or
any officer of the Central Government or other Public Authority. (2)
The
Registry shall accept the petition only on proof that a copy has been served as
per Sub Rule (1)].[4] Every proceeding for contempt shall be dealt
with by a Bench of not less than two Judges: Provided that a proceeding under section 14
of the Act shall be dealt with by the judge or judges, in whose presence or
hearing the offence is alleged to have been committed and in accordance with
the provisions thereof. (i)
Any
information other than a petition under rule 3 or reference shall, in the first
instance, be placed before the Chief Justice on the administrative side. (ii)
If
the Chief Justice, or such other judge as may be designated by him for the
purpose, considers it expedient or proper to take action under the Act, he
shall direct that the said information be placed for preliminary hearing: Provided that, if action for Contempt of
Court is directed to be taken by any Judge or Judges in any proceedings before
the High Court, the same shall be placed before the appropriate Bench. (iii)
When
suo motu action is taken by the High Court, the statement of facts constituting
the alleged contempt and the copy of the draft charges shall be prepared and
signed by the registrar. (i)
Before
making a reference under section 15 of the Act, the Subordinate Court may hold
such inquiry as it deems fit into the circumstances leading to the reference. (ii)
Such
reference shall contain: (a)
the
name and address of the person alleged to have committed the contempt, (b)
the
facts constituting the alleged contempt, (c)
the
circumstances leading to the reference, (d)
all
the relevant records, and (e)
draft
charges. In Suo motu proceedings and references by
subordinate courts, the Registry shall, unless otherwise directed, serve a copy
of the relevant papers, on the Advocate-General/Central Government Standing
Counsel/ Standing Counsel of the Public Authority concerned before sending the
matter to Court for preliminary hearing].[5] (i)
Every
petition, reference, information or direction shall be placed for preliminary
hearing before the appropriate Bench. (ii)
(a)
The court, if satisfied that a prima facie case has been made out, may direct
issue of notice to the respondent; otherwise, it shall dismiss the petition or
drop the proceedings. (b) The notice shall be in form No. 1 and
shall be accompanied by a copy of the petition, reference, information or
direction and annexures, if any, thereto. Service of notice shall be effected in the
manner specified in the rules of the High Court or in such other manner as may
be directed by the court. (i)
The
Court may, if it has reason to believe, that the respondent is absconding or is
otherwise evading service of notice, or has failed to appear 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
property belonging to such person. The warrant and the writ of attachment shall
be issued under the signature of the Registrar. The warrant shall be in Form
No. II and shall be executed as far as may be, in the manner provided for
execution of warrants under the Code. (ii)
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. (iii)
Where
a warrant is to be executed outside the State of Kerala, the Court may forward
it to the Magistrate of the District or the Superintendent of Police or the
Commissioner or Police of the District within which the respondent is believed
to be residing to any superior Police Officer in that State or to any Police
Officer in Kerala. (iv)
Every
person who is arrested and detained shall, if he cannot be produced before the
High Court within twenty-four hours of arrest excluding the time necessary for
the journey from the place of arrest to the High Court, be produced before the
nearest Magistrate within the said period, who may authorize detention till
such person is produced before the High Court. (v)
Every
person who is arrested and detained, when produced before the High Court, may
be released on bail on a bond for such a sum of money as the court thinks
sufficient with or without sureties, with the condition that the person so
released shall attend the court at the time and place mentioned in the bond and
shall continue to so attend until otherwise directed by the Court: Provided that the Court may, if it thinks fit,
instead of taking bail from such person, release him on self-bond for his
attendance. The provisions of the Code shall, so far as may be, apply to all
arrests made and bonds executed under the Rules. The respondent shall appear in person before
the High Court on the first day of hearing and on such subsequent dates to
which the case stands posted, unless exempted by an order of the Court. The respondent may file his reply duly
supported by an affidavit on or before the first date of hearing or within such
extended time as may be granted by the Court. Upon consideration of the reply filed by the
respondent and after hearing the parties, (a)
if
the respondent has tendered an unconditional apology after admitting that he
has committed the contempt, the Court may proceed to pass such orders as it
deems fit; (b)
if
the respondent does not admit that he has committed contempt, the Court may- (i)
proceed
to frame the charge (subject to modification or addition by the Court at any
time), if it is satisfied that there is a prima facie case; or (ii)
drop
the proceedings and discharge the respondent, if it is satisfied that there is
no prima facie case, or that it is not expedient to proceed. (c)
the
respondent shall be furnished with a copy of the charge framed, which shall be
read over and explained to the respondent. The Court shall then record his
plea, if any; (d)
if
the respondent pleads guilty, the Court may adjudge him guilty and proceed to
pass such sentence as it deems fit. (e)
if
the respondent pleads not guilty, the case may be taken up for trial on the
same day or posted to any subsequent date as directed by the Court. The Advocate General, or any other Advocate
as may be designated by the Court, shall appear and conduct the proceedings
against the respondent. (i)
Except
as otherwise provided in the Act and these rules, the procedure prescribed for
summary trials under Chapter XXI or the Code shall as far as practicable be
followed in the trial of cases for contempt. (ii)
The
Court may, at its discretion, direct that evidence be produced in the form of
affidavits. (iii)
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. (iv)
The
Court may, at its discretion, direct that any person be examined as Court
witness. (v)
The
Court may make such order as it deems fit for the purpose of securing the
attendance of any person to be examined as a witness and for discovery or
production of any document. (i)
If
the respondent is found guilty and is sentenced to imprisonment other than imprisonment
till rising of the Court, a warrant of commitment and detention shall be made
out in Form No. III under the signature of the Registrar. Every such warrant
shall remain in force until it is cancelled by order of the Court or until it
is executed. The Superintendent of jail specified in the order shall, in
pursuance of the warrant, detain the contemner in custody for the period
specified therein subject to such further direction as the Court may give. (ii)
When
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 shall take
action in any one of the ways provided in Section 421 of the Code. (iii)
Warrants
to be issued under sub-rule (ii) shall be in Form No. IV and V, as the case may
be. (iv)
The
report of the action taken by the Superintendent of the Jail or the Police
Officer or District Collector to whom the warrant under sub-rule (iii) might
have been addressed shall be filed in the records of the case. Processes issued by the Court shall, except
as otherwise specifically provided, be executed by the Superintendent of
Police/Commissioner of Police, as the case may be. (i)
The
Court may pass such order as it deems fit including a direction to the
petitioner to pay the costs of the respondent. (ii)
If
the Court is satisfied that the petition has been filed frivolously or
vexatiously, the Court may further direct the petitioner to pay costs of the
State of Kerala. (iii)
The
costs so awarded shall be recovered as if it were a fine imposed under the
Code. If any bond given for the appearance of
respondent is forfeited due to the absence of the respondent, the Court may,
after giving opportunity to the respondent or the surety, as the case may be,
levy the whole or any part of the amount mentioned in the bond as penalty and
direct the same to be recovered as if it were a fine imposed on the respondent
under the Code. In matters not specifically provided for in
these rules, the procedure prescribed in the Rules of the High Court, 1971, as
amended from time to time, shall mutatis mutandis apply to the proceedings
under these rules. (i)
All
rules in force regulating the proceedings for contempt of Subordinate Courts
and of the High Court are hereby repealed. (ii)
These
Rules shall, as far as practicable, be applicable to pending proceedings. [1]
Published in K.G. No. 39 dt.4-10-1988 [2]
Date of Commencement: 4-10-1988. [3]
Substituted by Notn. No. D1-14055/91 dt. 23-10-1991. [4]
Inserted by Notn. No. DI- 30144/94 dt. 6-12-1994 and Pub. in K.G. No. 5 dt.
31-1-95 [5]
Inserted by Notn. No. DI- 30144/94 dt. 6-12-1994 and Pub. in K.G. No. 5 dt.
31-1-95THE CONTEMPT OF COURTS (HIGH
COURT OF KERALA) RULES, 1988
PREAMBLE