SC junks Delhi HC verdict reviewing order in contempt case

NEW DELHI The Supreme Court on Wednesday overturned a Delhi High Court order that reviewed a single judge's decision in a contempt case. A bench of Justices B R Gavai and Augustine George Masih noted that the single judge in December 2023 found the man guilty of "intentionally and malafidely" breaking the injunction.

The single judge gave him four weeks to either purge the contempt or produce an affidavit explaining why he should not be punished under the 1971 Contempt of Courts Act, according to the bench. The highest court stated that when the matter was heard by another single judge of the high court in July 2024 following the roster change, the judge concluded that there was no willful and purposeful violation of the court's orders. "Apart from this being in excess of the jurisdiction, it is also contrary to the well settled principles of judicial propriety," the justices said.

The highest court continued: "When one judge of the same court has taken a particular view holding the respondent to be guilty of contempt, another judge could not have come to a finding that the respondent was not guilty of contempt." The top court ruled that the single judge could not examine the case to determine whether or not the guy had committed contempt.