Subordinate Court Cannot Initiate Contempt Proceedings Itself, Can Only Make Reference To 
High Court: Delhi High Court Reiterates

The Delhi High Court has reiterated that the subordinate court can only make a reference to the High Court and that it cannot initiate contempt proceedings by itself.

Justice Anu Malhotra placed reliance on the judgments delivered by the Delhi High Court in Nusrat Ali v. State & Anr., Rajeev Mittal v. Sanjay Goel and Neville A Mehta v. Sanjay Goel as well as the provisions of sec. 10, 11 and 15(2) of Contempt of Courts Act, 1971.

The petitioner had sought the quashing of a complaint filed by the respondent under Section 10 read with Section 12 of the Contempt of Courts Act, 1971 and a notice dated April 6, 2021 issued by the Metropolitan Magistrate to the effect that the Trial Court could not have proceeded in view of the sec. 10, 11, 12, 13, 14 and 15 of the Act.

The Court noted that the reply filed by the respondent to the plea made it apparent that the respondent did not challenge the aspect of contempt proceedings being required to be initiated by the High Court court or the superior court and not by the subordinate courts.

"Thus without any observations on the merits or demerits of the prayer made in the contempt application that the respondent has filed before the Trial Court in relation to CC No. 37676 of 2016 in relation to which the respondent undoubtedly has rights in accordance with law for the maintenance allegedly not being paid by the petitioner, the impugned notice dated 06.04.2021 issued by the learned MM in complaint no. 609 of 2021 under Section 10 & 12 of the Contempt of Courts Act, 1971 is set aside," the Court said.

However, the Court added that setting aside of the impugned notice shall not amount to any observation on any contempt action if referred by the Trial Court to the High Court.

Accordingly, the plea was disposed of.

Title: ALOK KUMAR TIWARI v. MAMTA

Citation: 2022 LiveLaw (Del) 228

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