S.S.Sandhawalia, C.J. - (1.)Whether a single Judge of the High Court is barred from initiating proceedings for criminal contempt in view of the provisions of Section 18 of the Contempt of Courts Act, is the question, which because of its significance and some intricacy has been formulated for determination by this large Bench on a reference made by a Full Bench
(2.)It does appear a little surprising that despite the passage of well nigh nine years since the enactment of the Contempt of Courts Act, 1971 (hereinafter called the 1971 Act), the question aforesaid appears yet to have remained virtually res integra--barring a judgment of this Court, the correctness of which has itself been put in issue. The matter, therefore, deserves to be considered with some degree of elaboration--both on principle and in the light of the relevant statutory provisions.
(3.)In a matter so pristinely legal, the facts would obviously pale into relative insignificance. Nevertheless the matrix thereof giving rise to the salient question, and the mode and manner in which it has come before this Bench deserves to be recounted albeit briefly.