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Head Note

The Contempt of Courts Act, 1971  - Section 2 , Section 12

Criminal contempt - Conviction and sentence - Respondent No.1/elected MLA filed Contempt Application before the High Court stating that on the direction, supervision and knowledge of the appellant Respondent No. 2 moved an application to cancel the bail granted to him on the basis of false statement - High Court - Appellant and Respondent No.2 guilty of the offence punishable under Section 2(c) and sentenced them to undergo simple imprisonment for 7 days under Section 12 of the Act - Appeal - In respect of violence on the day of election, Respondent No. 1 was arrested and remanded to judicial custody - Analysis of affidavits of the Inspector of Police, Assistant Commissioner and Deputy Commissioner of Police show that there is no acceptable material that the affidavit containing wrong information filed by Respondent No. 2 for cancellation of bail and stay of bail order was made at the instance of the Commissioner of Police - Author of the affidavit, Respondent No. 2 specifically denied the allegation that the application for cancellation of bail was moved under the direction, supervision and knowledge of the appellant - Absence of specific reference about consultation with the Commissioner of Police or direction to the two officers, Assistant Commissioner of Police and Deputy Commissioner of Police merely because both of them attended the office of the Public Prosecutor for preparation of an application for cancellation of bail based on the affidavit of the Inspector of Police, it cannot be presumed and concluded that the appellant was responsible for giving incorrect information by Respondent No. 2 before the High Court - Impugned order of the High Court qua the appellant set aside - Appeal allowed.

Topic(s)-Criminal contempt

Important Decision(s)- Public Prosecutor for preparation of an application for cancellation of bail with affidavit - It cannot be presumed and concluded for giving incorrect information.