[23 December 1980] Published
vide Notification No. RPS 153 of 80, dated 23.12.1980 Notification No. RPS 153
of 80. - In exercise
of the powers conferred by Article 215 of the Constitution of the 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 Karnataka makes the following rules. (1)
These rules shall be called the High Court of Karnataka (Contempt of
Court Proceedings) Rules, 1981. (2)
They shall come into force on the date of publication in the Karnataka
Gazette. In these rules, unless the context otherwise
requires, the words and expressions shall have the meaning as defined in this
rule: (i)
"Act" means
the Contempt of Courts Act, 1971 (Act 70 of 1971); (ii)
"Code" means
the Code of Criminal Procedure, 1973 (Act 2 of 1974); (iii)
"High Court" means
the High Court of Karnataka; (iv)
"Form" means
the form set out in the Appendix to these rules; and (v)
All other
words and expression shall have the same meanings as defined in the Act. (i)
Every motion for taking action for contempt of the High Court shall be
in the Form of a petition and shall be entitled "in the matter of proceeding for contempt of High Court under
Article 215 of the Constitution and the Contempt of Courts Act, 1971" and (ii)
Every motion
for taking action for contempt of any Court subordinate to the High Court,
shall be in the form of a petition and shall be entitled "in the matter of
proceeding for contempt under the Contempt of Courts Act, 1971." (i)
The party who presents the petition shall be described as "Complainant" and (ii)
in all
proceedings, for contempt, the alleged contemner shall be described as
"accused". (i)
The petition shall set out the following particulars: (a)
The name,
age, occupation and address of the complainant and of the accused; (b)
the grounds
and material facts on the basis of which action is sought; (c)
the nature
of the order sought from the court; and (d)
if a
petition has previously been made by the complainant on the same facts, the
details and the decision thereof. (ii)
When the
complainant relies upon any document or documents in his possession, he shall
file them alongwith the petition. (iii)
In case of
'Civil Contempt' certified copy of the judgment decree, order writ or undertaking,
which is alleged to have been disobeyed shall be filed alongwith the petition. (iv)
In the case
of 'Contempt of Subordinate Court' the complainant shall state whether the
alleged contempt is not an offence punishable under the Indian Penal Code. (v)
In the case
of criminal contempt of the High Court other than a contempt referred to in
section 14 of the Act, the complainant shall state whether he has obtained the
consent of the Advocate General and if so, produce the same. Nothing shall preclude the High Court from taking
action suo motu on the basis of the information disclosed. (vi)
The petition
shall be accompanied by an affidavit verifying the facts relied upon and that
the documents produced are true copies of the originals if they are not
originals, or certified copies of the originals. Every proceeding for contempt shall be dealt with
by a Bench of not less than two judges: Provided 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 or reference shall, in the first
instance be placed before the Chief Justice in 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. (iii)
On such
direction the matter shall be dealt with in accordance with Rule 8 treating the
information as a petition. (i)
Every petition or reference shall be posted 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 accused; otherwise it shall dismiss the petition or reject the
reference. (b) The notice shall be in Form 1 and shall be accompanied by a copy of
the petition or reference or information, and annexures if any thereto. (i)
In every case of Criminal Contempt, the accused shall appear in person
before the High Court on the first date of hearing and on every subsequent date
to which the case is posted, unless exempted by an order of the Court. (ii)
In every
case of civil contempt, the accused shall appear either in person or by Counsel
before the High Court, on the first date of hearing and on every subsequent
date to which the case is posted, but shall appear in person whenever directed
by the High Court. (i)
The accused 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. (ii)
Upon
consideration of the reply filed by the accused and after hearing the parties,
the Court may drop the proceeding and discharge the accused; (iii)
if the
court, upon hearing, is satisfied that there is prima facie case, it shall
proceed to frame the charge and furnish a copy of the same to the accused; (iv)
The charge
shall be read over and explained to the accused and the Court shall record his
plea, if any. (v)
If the
accused pleads guilty, the Court may adjudge him guilty and proceed to pass
such sentence as it deems fit; (vi)
If the
accused 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 Court may direct the Advocate General or any
other Advocate to appear and conduct the proceedings against the accused. (i)
The Court may, if it has reason to believe that the accused is
absconding or is otherwise evading service of notice, or if he fails to appear
in person or to 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 property. The warrant
shall be issued in Form No. 2 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 Police 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 whom it is directed or endorsed. (iii)
Where a
warrant is to be executed outside the State of Karnataka, the Court may,
forward it to the Magistrate of the District or the Superintendent of Police or
Commissioner of Police of the district within which the accused is believed to
be residing or to any Police Officer in Karnataka. The Magistrate or the Police
Officer to whom the warrant is forwarded shall endorse his name thereon, and
cause it to be executed. (iv)
Every person
who is arrested and detained shall be produced before the nearest Magistrate
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
Magistrate, and no such person shall be detained in custody beyond the said
period without the authority of a Magistrate. Except as otherwise provided in the Act and these
rules, the procedure prescribed for summary trials under Chapter XXI of the
Code shall as far as practicable be followed in the trial of cases of contempt. 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. The Court may make order for the purpose of
securing attendance of any person to be examined as a witness and for discovery
or production of any document. (i)
if the accused 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 3 under the signature of the Registrar of
High Court. (i)
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 Forms 4 and 5 as the case may be. (iv)
The report
of the action taken by the Superintendent of the Jail or the Police Officer or
Deputy Commissioner 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 award such costs as it deems fit in the circumstances of
the case. (ii)
The costs so
awarded shall be recovered in the same manner as costs awarded in Writ
Proceedings. If any bond given for the appearance of an accused
is forfeited due to the absence of the accused, the Court may, after giving
opportunity to the accused 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 accused under the Code. In matters not specifically provided for in these
rules, the procedure prescribed in the High Court of Karnataka Rules, 1959 as
amended from time to time, shall mutatis mutandis apply to the proceedings
under these rules. The rules to regulate Contempt proceedings in the
High Court of Karnataka, 1967 are hereby repealed subject to the provisions of
section 6 of the General Clauses Act. Contempt of Courts Case Form 1 (Rule 8(ii)(b) Notice to Accused In The High Court of Karnataka at
Bangalore Contempt Of Courts Case No....... 20... Complainant Vs Accused To, (Here mention the name and address of the accused) Whereas, information is laid/ a petition or
Reference is made by ......... that you( here mention the gist of the
accusation made in the information petition or reference); and whereas a case
has been registered against you for action being taken against you under the
Contempt of Courts Act, 1971. You are hereby required to appear in person or by
an Advocate duly instructed on .......... day of .......... 20........... and
show cause why such action as is deemed fit should be taken against you. Given under my hand and the seal of this Court,
this .......... day of ......... 20..... Seal Registrar. Contempt of Courts Case Form 2 Rule 12 (i) Warrant for production of Accused In The High Court of Karnataka At
Bangalore Contempt of Courts Case No..........
20.......... Complainant Vs. Accused??????? To, The Superintendent of Police, ....................District. Whereas ................ the accused aforesaid has
filed to appear before this Court to answer a charge of an offence under the
Contempt of Courts Act, 1971 or satisfactorily account for his absence on
..............which had been fixed for hearing of the case; This is to require you to arrest the accused
............. aforesaid and produce him before this Court and return this
warrant duly executed on or before the ............... day of ........ 20... If the accused aforesaid binds himself in a sum of
Rs.1000 to this Court with one surety for a like sum before any Magistrate to
appear on the said date of hearing and all future dates to which the case may
be posted, he may be released. (The portion relating to bail shall be struck out
if the Court has ordered a non-bailable warrant). Herein fail not. Given under my hand and the seal of this Court,
this ............... day of .............20...... Registrar. Contempt of Courts Case Form 3 Rule 16(i) Warrant of Commitment to Prison In The High Court of Karnataka At
Bangalore Contempt of Courts Case
No............... 20....... Complainant Vs. Accused To, The Superintendent Central Jail, Bangalore Whereas, on the ..............day of
............... 20...(name of Prisoner in full) accused in the above case was
convicted by this Court of an offence under the Contempt of Courts Act, 1971
and under Article 215 of the Constitution for committing contempt of this
Court/the Court of ....... and was sentenced to (state the punishment full and
distinctly)........... This is to authorise and require you, the
Superintendent to receive the said........ (Prisoner's name) into your custody
in the said jail together with this warrant and then carry the aforesaid sentence
into execution according to law. Given under my hand and the seal of the Court this
.................... day of .............20.... Seal Registrar. Contempt of Courts Case Form 4 Rule 16 (ii) & (iii) Warrant for attachment of movables In The High Court of Karnataka At
Bangalore Contempt of Courts Case
No............... 20.. Complainant Vs. Accused To, The Superintendent of Police, .............. District. Whereas (name and description of the accused) ..............................
the accused aforesaid, has this day been convicted by this Court of the offence
of contempt of this Court/the Court of .............under Article 215 of the
Constitution and the Contempt of Courts Act, 1971 and sentenced to pay a fine
of Rupees................ and whereas, the said..................... (name)
although required to pay the said fine has not paid the same or any part
thereof. This is to authorise and require you to attach any
moveable property belonging to the said ............. (name) although required
to pay the said fine has not paid the same or any part thereof. This is to authorise and require you, to attach any
moveable property belonging to the said................. (name) which may be
found within the district of ............. and if within......... (state the
number of days or hours allowed) next after such attachment, the said sum shall
not be paid to sell the moveable property attached or so much thereof, as shall
be sufficient to satisfy the said fine, returning this warrant, with an
endorsement certifying what you have done under it, immediately upon its
execution. Given under my hand and the seal of the Court, this
............... day of .............. 20....... Seal Registrar. Contempt of Courts Case Form 5 Rule 16(iii) Warrant of attachment by Deputy Commissioner. In The High Court of Karnataka at
Bangalore Contempt of Court Case No.
...........20... Complainant Vs. Accused. To, The Deputy Commissioner, ..................District, Whereas (name and description of the Accused)
??????????, the accused aforesaid has this day been convicted by this Court
under Article 215 of the Constitution and the Contempt of Courts Act, 1971 for
committing a contempt of this Court/the Court .................. and sentenced to pay a fine of Rupees...........
and whereas, he has not paid the said fine/the sum of
......................being the part thereof. This is to authorise and require you to realise the
amount by execution according to civil process against the moveable or
immovable property or both of the accused aforesaid in the manner provided by
section 421 of the Code of Criminal Procedure, 1973. This order shall be deemed to be a decree and you
the decree-holder within the meaning of the Code of Civil Procedure, 1908 and
the order shall be executable as such decree. Given under my hand and the seal of this Court this
.............. day of ..............20....... Seal Registrar.The High Court of Karnataka
(Contempt of Court Proceedings) Rules, 1981