The Supreme Court has set aside Delhi High Court’s review of a contempt ruling, calling it legally impermissible. The top court upheld the single judge’s finding of “intentional and malafide” disobedience.
New Delhi, April 23: The Supreme Court of India has cancelled a decision by the Delhi High Court that had reviewed an earlier order made by a single judge in a contempt of court case. The top court made it clear that the High Court was not allowed to review the single judge’s ruling in such a situation.
The case involved a person who was earlier found guilty of violating the court’s order in a deliberate and dishonest way. The single judge of the Delhi High Court, in December 2023, had ruled that the person was guilty of contempt.
According to the Supreme Court the single judge clearly stated,
that the person had “intentionally and malafidely” violated the order passed by the court.
After declaring him guilty, the single judge gave,
the person four weeks’ time to either correct his action, which is legally known as “purging the contempt,” or to submit a sworn affidavit explaining the reasons why he should not be punished under the Contempt of Courts Act, 1971.
The judge had said,
the man must use this opportunity, otherwise he could face serious legal consequences.
The Supreme Court bench, which included Justice B R Gavai and Justice Augustine George Masih, heard the matter and said the High Court’s review order was not valid. The top court emphasized that once a contempt ruling is given by a judge, it cannot be reviewed in the manner it was done in this case.
The Supreme Court noted,
that the decision of the single judge was clear, and the review done later had no legal basis.
The bench said,
“intentionally and malafidely” – quoting exactly the words used by the single judge to describe how the person disobeyed the court’s earlier order.
Further, the Supreme Court also quoted
the part where the single judge had directed the man to act within four weeks: “to purge the contempt, or failing which, file an affidavit explaining why he should not be punished under the Contempt of Courts Act, 1971.”
By setting aside the Delhi High Court’s review, the Supreme Court has made it clear that contempt of court is a serious matter and such findings by a judge must be respected and followed unless overturned through proper legal channels.
This decision reinforces the importance of obeying court orders and shows that misuse of legal processes like review petitions in contempt cases will not be tolerated by the apex court.
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