[REWORK] No appeal in contempt case maintainable if contemnor discharged: SC
![[REWORK] No appeal in contempt case maintainable if contemnor discharged: SC](https://lawbeat.in/sites/default/files/news_images/SC+ Justice Sanjay Kishan Kaul + Justice Sudhanshu Dhulia_0.jpg "[REWORK] No appeal in contempt case maintainable if contemnor discharged: SC")
Court pointed out that the availability and maintainability of an appeal under Section 19 of the Contempt of Court Act is dependent upon a contemnor being guilty or being punished under the Act and in no other case
The Supreme Court has upheld a view of the Delhi High Court's division bench that no appeal would be maintainable under Section 19 of the Contempt of Courts Act, 1971 if the single judge had discharged the contempt
notice.
A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, however, set aside the order related to imposition of Rs 25,000 cost.
The court was hearing a special leave petition filed by Ram Prakash Choudhary.
The petitioner was aggrieved by with High Court's order of May 15, 2023.
The High Court has then held that the appeal was not maintainable while setting aside the order qua imposition of Rs 25,000 cost on the appellant.
In its order, the top court said, "The view taken by the High Court in the impugned judgment that no appeal would be maintainable under Section 19 of the Contempt of Courts Act, 1971 since the Single Judge had discharged the contempt notice, is a correct view."
"The only error appears to be that while observing that no appeal is maintainable, there is no question of interfering with the costs imposed by the Single Judge. To that extent, the order of the Division Bench of the High Court is set aside and the order of the learned Single Judge would operate," the bench added.
The top court disposed of the special leave petition, saying if the petitioner has any other remedy available in law, that is always open to him.
The petitioner has sought contempt action against police officers for their alleged deliberate and willful disobedience and act of contempt of court committed in respect of order of November 15, 2019 passed by the High Court.
However, the HC had said the appeal is not maintainable in view of Section 19 of the Contempt Court Act.
It was also pointed out the availability and maintainability of an appeal under Section 19 of the Act is dependent upon a contemnor being guilty or being punished under the act and in no other case.
"It is an established concept of law that a contempt is only between the alleged Contemner and the Court," the HC had said.