- (1.) The petitioner has filed this contempt petition ostensibly on the ground that the judgment passed by this Court on 2.7.2012 has not been complied with by the respondents-contemnors. The present petition has been filed on 27.9.2013. Thus, obviously the petition has been filed after a period of one year. Therefore, this Court has requested Mr. Vijay Poonia, the learned counsel for the petitioner, to address on the point of limitation.
(2.) Mr. Vijay Poonia has made the following submissions before this Court:- Firstly, Article 215 of the Constitution of India bestows the inherent power of contempt upon this Court. Therefore, the limitation prescribed by Section 20 of the Contempt of Courts Act ('the Act' in short) would not be applicable to a contempt petition filed under Article 215 of the Constitution of India. Secondly, once an acknowledgment has been made, the period of limitation would start running from the date of acknowledgment. In the present case, immediately after the judgment dated 2.7.2012 was pronounced, the petitioner had filed a representation on 23.7.2012. By letter dated 6.8.2012, the respondents-contemnors had acknowledged the fact that the judgment dated 2.7.2012 is yet to be implemented. Since, an acknowledgment was made, the period of limitation would start from 6.8.2012. Thirdly, by the said letter dated 6.8.2012, the petitioner was directed to submit a fresh representation, therefore, the petitioner had filed a new representation on 24.9.2012. Hence, the period of limitation would actually start running from 24.9.2012. Hence, the petition is well within the period of limitation.
(3.) Heard the learned counsel for the petitioner.;