Division Bench In Letters Patent Appeal Has No Power To Stay Contempt Plea Before Single Judge: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that in a Letters patent appeal (LPA) the division bench lacks jurisdiction to stay the proceeding before a single judge's contempt court.

Justice Rajbir Sehrawat said, "...the Division Bench hardly has any jurisdiction to pass an order, while hearing such a LPA against order of a writ Court, that the contempt Court shall not proceed with the matter."

Hence, such an order, if passed, "has to be treated as non-est". Since in the absence of a stay against the operation of the order of writ Court, if the same is not coupled then the non-compliance would continue, therefore, the contempt Court has to proceed further, as per the law, added the Court.

While hearing a contempt plea wherein it was informed that the division bench in another LPA had stayed the proceeding before the single judge, the Court noted that "the parties in different cases have been repeatedly producing such or similar orders passed by different Division Benches, resulting into increasing unnecessary pendency of contempt petitions. So it has become imperative for this Court to dilate upon the issue."

The Court added that, furthermore, it is so clear from the provisions contained in the Constitution of India, and the Supreme Court has also so clarified by Apex Court in 'Roma Sonkar vs Madhaya Pradesh Public Service Commission and another' [Civil appeal Nos. 7400-7401 of 2018] that in the intra-court appeal in the High Court, the Single Bench is not a Court subordinate to the Division Bench, and hence, the Division Bench cannot even remand to the Single Bench even the same case in which appeal is heard by the Division Bench.

The limited power, which the Division Bench has is to correct the mistake, if any, committed by the Single Bench and to pass its own judgment to decide the lis, as such, said the Court.

Justice Sehrawat opined that "therefore, there is no question of the Division Bench having authority to pass sundry orders in the matters or the aspects; which are not even under challenge before the Division Bench, by arrogating to itself the roving and omnipresent authority and jurisdictions."

Moreover, the contempt Court does not draw its jurisdiction and powers to consider and decide a contempt petition; from any authorization or concession conferred upon it by any Division Bench, said the Court.

The judge highlighted that "the contempt Court, per se, has that authority and powers as per the Contempt of Courts Act, and more widely, under the provisions of the Constitution of India itself."

"While hearing an appeal from an order of the Single Bench, in an appropriate case, the Division Bench has the power to stay the operation of the judgment of the Single Bench, as an ad interim measure, however, the Division Bench hardly has any jurisdiction to pass an order, while hearing such a LPA against order of a writ Court, that the contempt Court shall not proceed with the matter. Hence, such an order, if passed, has to be treated as non-est. Since in absence of stay against operation of order of writ Court, if the same is not coupled with then the non-compliance would continue, therefore, the contempt Court has to proceed further, as per the law," the Court held.

The judge also clarified that the Court will not accept any justification for non-compliance, even if some appeal is pending anywhere, that shall also not be taken as a justification for non-compliance, unless the operation of the order qua which contempt is alleged, is stayed specifically by the Appellate Court.

The matter is listed for August 20, for further consideration.

Ravinder Malik (Ravi), Advocate for the petitioner

 Jasbir Singh & ors vs Shri A K Singh & ors

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