SANJAY MISHRIMAL PUNAMIYA Vs. SANJAY MISHRIMAL PUNAMIYA

JUDGEMENT

(1.) SHOW cause notice for having committed contempt in the face of the Court has been issued to defendant No.1 and his Advocate on record in the above suit. The notice is issued under Section 14 of the Contempt of Courts Act, 1971. Section 14 runs thus:

(2.) NOTWITHSTANDING anything contained in subsection (1), where a person charged with contempt under that subsection 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.

(3.) NOTWITHSTANDING anything contained in any other law, in any trial of a person charged with contempt under subsection (1) which is held, in pursuance of a direction given under subsection (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 subsection (2) shall be treated as evidence in the case.