Full Judgment Text
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CASE NO.:
Appeal (crl.) 664 of 1997
PETITIONER:
J. K. Gupta
RESPONDENT:
D.G. Investigation & Registration & Ors.
DATE OF JUDGMENT: 04/11/2004
BENCH:
B.N.AGRAWAL & H.K.SEMA
JUDGMENT:
J U D G M E N T
WITH
CRIMINAL APPEAL NO. 1184 OF 1997
B.N.AGRAWAL, J.
Criminal Appeal No. 664 of 1997 has been filed by the appellant under
Section 19 of the Contempt of Courts Act, 1971 (hereinafter referred to as ’the
Act’) against order rendered by the Chairman, Monopolies and Restrictive
Trade Practices Commission whereby the appellant has been convicted under
Section 12 of the Act and sentenced to undergo simple imprisonment for a
period of one month and to pay a fine of Rs. 2,000/- , in default to undergo
simple imprisonment for a further period of one month. Criminal Appeal
No. 1184 of 1997 is by special leave challenging the said order.
The short facts are that upon a complaint filed under the provisions of
Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to
as ’the M.R.T.P. Act’) before the Monopolies and Restrictive Trade Practices
Commission (hereinafter referred to as ’the Commission’), Unfair Trade
Practice Enquiry No. 66 of 1997 was registered by the Commission and
Chairman of the Commission on 7th February, 1997 issued notice and passed
an interim order restraining Computer Education Centre (respondent No. 2) to
admit students in any course unless the same is recognized by any
appropriate authority. Respondent No. 2 was further restrained from issuing
advertisements regarding any course which is not recognized with a confirmed
job placement, if respondent No. 2 \026 institute did not guarantee any
procurement of job. Upon receipt of the notice, the appellant, who was
Service Advisor of respondent No. 2, sent a letter to the Commission for
vacation of order of injunction making therein certain contemptuous allegations
against the Commission. Upon receipt of such a letter, as in the opinion of the
Chairman of the Commission a case of criminal contempt against the
appellant was made out, notice was issued to him to show cause as to why he
be not punished for criminal contempt, on receipt whereof, reply to show
cause was filed and thereafter the Chairman, after considering all the pros and
cons of the matter, by the impugned order passed on 9th July, 1997 found the
appellant guilty under Section 12 of the Act for criminal contempt and
convicted him which gave rise to the filing of these appeals, as stated above.
The only question which falls for our consideration is as to whether in
the present case, undisputedly being a case of criminal contempt, Chairman
alone was empowered to deal with the contempt proceeding or the same
should have been heard and determined by a Bench of not less than two
members, as required under Section 18 of the Act? In order to decide this
question, it will be useful to notice the provisions of Section 13B of the
M.R.T.P. Act, besides Sections 2(c), 14, 15 and 18 of the Act, which are
quoted hereinbelow.
Section 13B of the M.R.T.P. Act reads as under: -
"13B. Power to punish for contempt - The Commission shall
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have, and exercise, the same jurisdiction, powers and authority
in respect of contempt of itself as a High Court has and may
exercise and, for this purpose, the provisions of the Contempt of
Courts Act, 1971 shall have effect subject to the modifications
that \026
(a) the reference therein to a High Court shall be construed
as including a reference to the Commission;
(b) the reference to the Advocate-General in section 15 of
the said Act shall be construed as a reference to such
Law Officer as the Central Government may, by
notification in the Official Gazette, specify in this behalf."
Sections 2(c), 14, 15 and 18 of the Act read as under :-
"2(c) - "Criminal contempt" means the publication (whether by
words, spoken or written, or by signs, or by visible
representation, or otherwise) of any matter or the doing of any
other act whatsoever which \026
(i) scandalizes or tends to scandalize, or lowers or tends to
lower the authority of, any court; or
(ii) prejudices, or interferes or tends to interfere with, the
due course of any judicial proceeding; or
(iii) interferes or tends to interfere with, or obstructs or tends
to obstruct, the administration of justice in any other
manner."
"S.14. Procedure where contempt is in the face of the
Supreme Court or a High Court. \026 (1) When it is alleged, or
appears to the Supreme Court or the High Court upon its own
view, that a person has been guilty of contempt committed in
its presence or hearing, the court may cause such person to be
detained in custody, and, at any time before the rising of the
court, on the same day, or as early as possible thereafter,
shall \026
(a) cause him to be informed in writing of the contempt with
which he is charged;
(b) afford him an opportunity to make his defence to the
charge;
(c) after taking such evidence as may be necessary or as
may be offered by such person and after hearing him,
proceed, either forthwith or after adjournment, to
determine the matter of the charge; and
(d) make such order for the punishment or discharge of such
person as may be just.
(2) Notwithstanding anything contained in sub-section
(1), where a person charged with contempt under that sub-
section applies, whether orally or in writing, to have the charge
against him tried by some Judge other than the Judge or Judges
in whose presence or hearing the offence is alleged to have
been committed, and the court is of opinion that it is practicable
to do so and that in the interests of proper administration of
justice the application should be allowed, it shall cause the
matter to be placed, together with a statement of the facts of the
case, before the Chief Justice for such directions as he may
think fit to issue as respects the trial thereof.
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(3) Notwithstanding anything contained in any other
law, in any trial of a person charged with contempt under sub-
section (1) which is held, in pursuance of a direction given under
sub-section (2), by a Judge other than the Judge or Judges in
whose presence or hearing the offence is alleged to have been
committed, it shall not be necessary for the Judge or Judges in
whose presence or hearing the offence is alleged to have been
committed to appear as a witness and the statement placed
before the Chief Justice under sub-section (2) shall be treated
as evidence in the case.
(4) Pending the determination of the charge, the court
may direct that a person charged with contempt under this
section shall be detained in such custody as it may specify;
Provided that he shall be released on bail, if a bond for
such sum of money as the court thinks sufficient is executed
with or without sureties conditioned that the person charged
shall attend at the time and place mentioned in the bond and
shall continue to so attend until otherwise directed by the court;
Provided further that the court may, if it thinks fit, instead
of taking bail from such person, discharge him on his executing
a bond without sureties for his attendance as aforesaid."
"S.15.-Cognizance of criminal contempt in other cases. \026 (1)
In the case of a criminal contempt, other than a contempt
referred to in section 14, the Supreme Court or the High Court
may take action on its own motion or on a motion made by -
(a) the Advocate-General, or
(b) any other person, with the consent in writing of the
Advocate-General, or
(c) in relation to the High Court for the Union territory of
Delhi, such Law Officer as the Central Government may,
by notification in the Official Gazette, specify in this
behalf, or any other person, with the consent in writing of
such Law Officer.
(2) In the case of any criminal contempt of a
subordinate court, the High Court may take action on a
reference made to it by the subordinate court or on a motion
made by the Advocate-General or, in relation to a Union
territory, by such Law Officer as the Central Government may,
by notification in the Official Gazette, specify in this behalf.
(3) Every motion or reference made under this section
shall specify the contempt of which the person charged is
alleged to be guilty.
Explanation. \026 In this section, the expression "Advocate-
General" means \026
(a) in relation to the Supreme Court, the Attorney-General or
the Solicitor-General;
(b) in relation to the High Court, the Advocate-General of the
State or any of the States for which the High Court has
been established;
(c) in relation to the court of a Judicial Commissioner, such
Law Officer as the Central Government may, by
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notification in the Official Gazette, specify in this behalf."
"S.-18. Hearing of cases of criminal contempt to be by
Benches. \026 (1) Every case of criminal contempt under section
15 shall be heard and determined by a Bench of not less than
two Judges.
(2) Sub-section (1) shall not apply to the Court of a
Judicial Commissioner."
[ Emphasis added ]
From a conspectus of the aforesaid provisions, it would be clear that by
virtue of Section 13B of the M.R.T.P. Act, the Commission has been
empowered to exercise all the powers to punish for contempt which have
been conferred upon a High Court and the same have to be exercised in the
manner prescribed under the Act. Section 2(c) of the Act defines ‘criminal
contempt’. Under Section 15 of the Act, action for criminal contempt, other
than a contempt referred to in Section 14 of the Act, can be taken. Under
Section 14, action can be taken if the contempt has been committed in the
presence of or hearing of the court. Section 18 lays down that every case of
criminal contempt under Section 15 shall be heard and determined by a
Bench of not less than two Judges which would obviously show that in the
case of the Commission, a proceeding for criminal contempt has to be heard
and determined by a Bench of not less than two members. Commission to
be established under Section 5 of the M.R.T.P. Act shall comprise a
Chairman and not less than two and not more than eight members to be
appointed by the Central Government which shows that the Commission
would consist of a Chairman and at least two members. Language of Section
18 of the Act that "criminal contempt under Section 15 shall be heard and
determined by a Bench of not less than two Judges" is very clear and
unequivocal and in case of criminal contempt, the contempt proceeding has to
be heard and determined by a Bench of not less than two Judges. As the
Commission consists of Chairman and at least two members, the contempt
proceeding for punishing the appellant for criminal contempt ought to have
been heard by the Chairman along with another member or the Chairman
could have assigned the matter for hearing to any two members of the
Commission but he alone was not justified in hearing and determining the
proceeding which was in violation of the provisions of Section 18 of the Act.
Therefore, the impugned order passed by the Chairman is liable to be set
aside on this ground alone and the matter has to be remitted to the
Commission for disposal of the contempt proceeding in terms of Section 15 of
the Act.
Accordingly, Criminal Appeal No. 664 of 1997 is allowed, impugned
order is set aside and the matter is remanded to the Commission to dispose of
the contempt proceeding in accordance with law. In view of the aforesaid
order, Criminal Appeal No. 1184 of 1997 has been rendered infructuous and
the same is, accordingly, dismissed.