Holding

The Supreme Court held that it possesses inherent power, not limited by the Contempt of Courts Act, to punish contempt of subordinate courts and to quash criminal proceedings that constitute abuse of process, and that the police officers' conduct amounted to criminal contempt.

Summary

The Delhi Judicial Service Association filed writ petitions under Article 32 after the Chief Judicial Magistrate (CJM) of Nadiad was allegedly assaulted, handcuffed, tied with rope and photographed by police officers, an incident that shocked the judiciary nationwide. The Supreme Court examined whether it possessed inherent jurisdiction, under Article 129, to punish contempt of subordinate courts and whether the Contempt of Courts Act, 1971 limited that power. It also considered whether the police conduct constituted criminal contempt, the appropriate punishment for the contemners, and whether the Court could quash the criminal proceedings pending against the CJM as an abuse of process. The Court held that its inherent power to punish contempt of subordinate courts is not curtailed by the Act and that the police officers’ actions amounted to criminal contempt, awarding them imprisonment and fines. It further exercised its power under Article 142 to quash the false criminal cases against the CJM and issued detailed guidelines for the arrest of judicial officers. The petitions and contempt proceedings were disposed, with punishments imposed and the criminal prosecutions against the CJM set aside.

Issues considered

Whether the Supreme Court has inherent jurisdiction to punish contempt of subordinate or inferior courts under Article 129 of the Constitution.
Whether the Contempt of Courts Act, 1971 restricts the Supreme Court's inherent contempt jurisdiction.
Whether the police officers' assault, handcuffing, and public humiliation of the CJM constitute criminal contempt of court.
Whether the Supreme Court can quash criminal proceedings against the CJM on the ground of abuse of process.
Whether Article 20(3) of the Constitution applies to contempt proceedings initiated by the Court.
What punishment is appropriate for the contemners based on their degree of participation.

Legislation cited

Code of Criminal Procedure, 1973s. 6
Constitution of Indias. Article 129, s. Article 136, s. Article 141, s. Article 142, s. Article 146, s. Article 32, s. Article 374(2), s. Schedule VII List I Entry 77
Contempt of Courts Act, 1971s. 12, s. 15, s. 2(c)

Subjects

contempt of courtSupreme Court jurisdictioninherent powersubordinate courtspolice misconductjudicial independenceArticle 129Article 136Article 142criminal contemptquashing criminal proceedingsguidelines for arrest of judicial officers

Judgment

DELHI JUDICIAL SERVICE ASSOCIATION TIS HAZARI
A
COURT, DELHI ETC. ETC.
v.
STATE OF GUJARAT AND ORS. ETC. ETC.

SEPTEMBER 11, 1991
B
[K.N. SINGH,'KULD!P SINGH AND N.M. KASLIWAL, JJ.]

Constitution of India, 1950: Articles 32, 129, 136, 141, 142,
246,374(2) and Schedule VII List 1, Entry 77.

Contempt of Court-Punishment of-Power and jurisdiction of
c the Supreme Court-Held Court has inherent power and jurisdiction to
take action for contempt of subordinate or inferior courts aliJo---Power •
to be exercised sparingly~Only when contempt is 'likely to have
repercussions throughout the country.

D Contempt of Court-High Courts as Courts of Record have
inherent power and jurisdiction to take action for contempt of subordi-
nate or inferior courts-Supreme Court having judicial superintendence
over all courts in the country has same jurisdictic-n.

Contempt of Court-Civil and criminal contempt-Criminal t
E contempt_;,__Wide enough to include any act which would tend to interfere
with administration of justice or which would lower the dignity and
authority of court.

Chief Judicial Magistrate-Assaulted, arrested on flimsy grounds,
handcuffed, tied with rope, photographs taken and published by Police
F .Officers-Held constituted clear case of criminal contempt-Con- )
· temners-punishment-Quantum of punishment determined according
to qegree and extent of part played by each contemner-Guidelines laid
down by Supreme Court in case of arrest and detention of a Judicial
Officer-To be followed by State Governments as well as High
Courts-Judicial Officer not to visit Police Station-Except in connec-
G tion with official and judicial duties and with prior intimation to District
and Sessions Judge.

Contempt proceedings in Supreme Court-Dispute regarding r
facts-High Court Judge appointed as Commissioner-Inquiry made,
evidence recorded and report submitted-Held contmmers not persons
H accused of an offence.

936
JUDL. SERVICE .ASSN. '· STATE OF GUJARAT 937

Supreme Court-Supervisory and appellate jurisdiction of--
A
Plenary jurisdiction unaffected by self imposed restrictions of the
Court-From plenary jurisdiction flows supervisory jurisdiction over all
courts and Tribunals in India. ·

Supreme Court's jurisdiction and power not limited-Can deter- B
mine its own jurisdiction and it will be finai Supreme Court taking
cognizance of contempt matter arising out of an incident subject
matter of trial before a criminal court-Has ample power to do
complete justice and prevent abuse of process of court-'Cause' or
'matter' includes proceeding pending in Civil or criminal matter-
Need to do 'complete justice' would depend on facts and circumstances
~=· c
Precedents-Decisions of Federal Court-Not binding but enti-
tled to great weight-Changes brought about by Constitution to be kept
in mind while considering Federal Court, Privy Council decisions.
D
Contempt of Courts Act, I97 I-Sections 2(c), I2 and 15. Criminal
contempt-Object of punishing contemner-To protect administration
of public justice-Not to protect Judges personally.
' Police Officers assaulting, arresting and handcuffing Chief Judi-
cial Magistrate-Publishing photographs in newspapers-Held consti- E
tuted criminal contempt-Punishment to contemners determined having
regard to degree and extent of part played by each contemner-
Guidelines laid down by Supreme Court to be followed by State
Governments and High Courts while arresting Judicial Officers.

Criminal contempt proceedings different from ordinary criminal F
proceedings.

'Courts of Record'-Have power to summarily punish for con-
tempt of court-Contempt of Courts Act I97 I does not curtail inherent
power of Supreme Court to punish for contempi
G
Statutory Interpretation.

Constitution-Interpretation of-Not permissible to adopt a con-
struction which would render any expression super:fluous or redun-
dant-Regard to be had to the social, economic and political changes,
need of the Community and the independence of the judiciary- H
938 SUPREME COURT REPORTS [1991) 3 S.C.R.

A Supreme Court cannot be a helpless spectator bound by precedents of
colonfo/ .days which have least relevance.

Criminal Procedure Code, I973. Section 6 and Chapter Xll.

Chief Judicial Magistrate-Postition and role of-Coordination,
B Cooperation of police necessity for-Police to be scrupulously fair to
offender-Magistrate to ensure fair investigation and fair trial of
offender-Magistracy and po/ice-Purpose and object-Comple-
mentary to each other-Judicial officer.not to visit pofjr;e station except
in connection with official and judicial duties and with prior intimation
to District and Sessions Judge.

c Words and Phrases-Meaning of.
'Contempt'-Contempt of Courts Act I97 I: Section 2(c)-.
'Court of record'-Constitution of India-Article I29.
'Persons accused of an ojf«JtCe'-Constitution of India, Article 20(3).
D
Including the power to punish for contempt of itself-Consti-
tution oj' India, Article I29.

'Complete Justice'-Constitution of India, Article I42( I).
,
E Mr. N.L. Patel was posted as Chief Judicial Magistrate at Nadiad
in October, 1988. He soon found that the local Police was not co-
operating with the courts in ellicting service of summons, warrants and
notices on accused persons, as a result of which the trials of cases were
delayed. He made complaint against the local police to the District
Superintendent of Police and forwarded a copy of the same to the
F Director General of Police but nothing concrete happened. On account
of these complaints, Mr. S.R. Sharma, Police Inspector, Nadiad was
annoyed with the Chief Judicial Magistrate and he withdrew constables
posted in the CJM Court. In April 1989, the CJM filed two complaints
with the Police against the Police Inspector and other Police Officials,
Nadiad. for delaying the process of the Court. On 25th July, 1989, the
G CJM directed the police to register a criminal case against 14 persons
who had caused obstruction in judicial proceedings but subsequently
since unqualified apology was tendered, the CJM directed the Police
Inspector to drop the cases. The Police Inspector reacted strongly to the
CJM's direction and he made complaint against the CJM to the
Registrar of the High Court through the District Superintendent of
H Police. On account of the aforesaid facts there was hostility between the
Police ofNadiad and the CJM.
JUDL. SERVICE ASSN. v. STATE OF GUJARAT 939

On 25th September 1989, the Police Inspector met the CJM in his A
chambers to discuss a case where the Police had failed to submit the
;. charge-sheet within 90 days. During discussion the Police Inspector
invited the CJM to visit the police station to see the papers and assured
him that he would mollify the sentiments of the police officials. At 8.35
p.m. on the said date, the Police Inspector sent a Police Jeep to the
B
CJ M's residence and he went to the Police Station.

According to the CJM when he arrived in the Police Station he
was forced to consume liquor and on his refusal he was assulted, hand-
cuffed and tied with rope by Police Inspector, Sub-Inspector, Head
' Constable, and Constable and that he was sent to Hospital for Medical
' Examination under handcuffs. A photographer was arranged to take c
his photograph which was published in the newspapers. The Police
Inspector disputed these allegations and according to him the CJM
entered his chamber at the Police Station in a drunken state, shouting
and abusing him and since he was violent, he was arrested, handcuffed
and sent to Hospital for Medical Examination. He himself wanted to be
D
photographed and that is why the photographs were taken by the press
photographer.

~· As the incident undermined the dignity of courts in the country,
. Judicial Officers, Judges and Magistrates all over the country were in a
state of shock, they felt insecure and humiliated. A number of Bar
E
Associations passed Resolutions and went on strike. The Delhi Judicial
Service Association, the All India Judges Association, Bar Council of
U!tar Pradesh and many others approached this Court by means of
telegrams and petitions under Article 32 for saving the dignity and
( honour of the judiciary. The CJM also filed an application for quashing
the two FIRs lodged against him and for directing the trial of his comp-
taint as State case an award of compensation. On 29.9.1989 this Court took F
cognizance of the matter by issuing notices to the State of Gujarat and
other Police Officers.

Since there was serious dispute between the parties with regard to
the entire incident, the Court appointed the senior puisne Judge of the
Allahabad High Court to inquire into the incident and to submit a G
... report to the Court. The inquiry was held on behalf of the Court and
not under the provisions of the Commission of Inquiry Act. A detailed
report was submitted to this Court and the Court directed copies to be
delivered to the concerned parties and permitted the parties and the
contemners to file their objections before this Court. H
<
940 SUPREME COURT REPORTS [ 1991] 3 S.C.R. '!!
The Learned Commissioner's Report establised the following facts
A
and circumstances: that the CJM found that the Police of Nadiad was not
effective in service of summons and had adopted an attitude of indiffe-
rence to the court's orders, and as complaints were forwarded to the
authorities by th.e CJM there was confrontation between the local police
""
and the magistracy. When the CJM visited the police station pursuant
B to the Police Inspector's request to discuss the matter, he was forced to
consume liquor and on his refusal be was assaulted. He was tied up with
a rope by the Police personnel and handcuffed deliberately in defiance
of the state's Police Regulations and Circulars and the decision of this
Court in Prem Shankar Shukla v. Delhi Administration., A pan.chnama __,.
showing the drunken state of the CJM was prepared by the Police
Inspector and signed by two panchas-a Mamlatdar and a Fire Brigade •
c Officer. A press photographer was brought on the scene, the police
personnel posed with the CJM for the press photographer and the same
was published in newspapers. A request made by the CJM to the Civil
Hospital doctors to contact and inform the District Judge about the
incident was not allowed. On examination at the hospital, the body of
D the CJM was found to have a number of injuries. His blood was taken
and chemical examination conducted. The Chemical Examiner submit-
ted a report holding that the blood sample contained alcohol. At the
initial stage only one case was registered against the CJM by the Police ;
under the Bombay Prohibition Act, but when lawyers met the Police
Inspector for securing release of the CJM on bail, the offence being
E bailable, the Police Inspector, registered another case under Sections 332
and 506 !PC in order to frustrate the attempt. The District Superinten-
dent of Police did not take immediate action in the matter but created
an alibi that he had gone elsewhere and stayed in the government Rest
House there, the register of the Rest House however indicating that the )
entry regarding the stay was manipulated subsequently by making an
F interpolation.

On behalf of the contemners-Police Officers it was contended
that: (l) this Court had no jurisdiction or power to indict the Police
Officers even if they are found to be guilty, as their conduct does not
amount to contempt of this Court. Articles 129 and 215 demarcate the
G respective areas of jurisdiction of the Supreme Court and the High
Courts respectively, and this Court's jurisdiction under Article 129 is ...
confined to the contempt of itself only, and it has no jurisdiction to
mdict a person for contempt of an inferior court subordinate to the
High Court. (2) Even if the Supreme Court is a court of record, it has no
power to take action for the contempt of a Chief Judicial Magistrate's
H court as neither the constitution nor any statutory provision confer any
JUDL. SERVICE ASSN. 1•. STATE OF GUJARAT 941

such jurisdiction· or power on this Court. So far as the High Court is
A
concerned, it has power of judicial and administrative superintendence
over the subordinate courts and Section IS of the Contempts of Courts
Act, 1971 expressly confers power on the High Court.to take action for
the contempt of subordinate courts. (3) Under Entry 77 of List I of the
Seventh Schedule, Parliament has legislative competence to make a law
curtailing the ju"risdiction of the Supreme Court and Section IS of the B
Contempts of Courts Act I97l curtails the inherent power of this Court
with regard to co11tempt of subordinate courts. Inherent powers are
always preserved but they do not authorise a court to invest itself with
jurisdiction when that jurisdiction is not conferred by law. (4) Assump-
tion of contempt jurisdiction with regard to contempt of subordinate
and inferior courts on the interpretation of Article I29 of the Constitu- . .C
lion is foreclosed by the decisions of the Federal Court in K. L. Gauba
v. The Hon'b[e the Chief Justice and Judges of the High Court of
J ud1cature at Lahore & Anr., AtR I942 FC I. This Court being the
successor to the Federal Court was bound by the decisions of the
Federal Court under Article 374(2) of the Constitution. (S) In our
country there is no court of universal jurisdiction, as the jurisdidlon of D
all courts including the Supreme Court is limited. (6) Article I42(l)
does not contemplate any order contrary to statutory provisions. (7)
The findings recorded by the Commission cannot be taken· into account
• as those findings are hit by Article 20(3) of the Constitution.

The Attorney-General urged that the power to punish contempt is E
a special jurisdiction which is inherent in a Court of record, that a
superior court of record has inherent power to punish for contempt of
itself and it necessarily includes and carries with it the power to punish
for contempt committed in respect of" subordinate or inferior courts,
that a superior court of record having power to correct the order of an
inferior court has power to protect that court by punishing those who F
interfere with the due administration of justice of that court. It was
further urged thaf the Contempt of Courts Act I97I recognises and
preserves the existing contempt jurisdiction and power of the court of
·record for punishing for contempt of subordinate or inferior courts,
that .the Act has not affected or restricted the suo motu inherent power
of the Supreme Court being a court of record which has received con· G
stitutional sanction under Article 129, that since this Court has taken
cognizance of the contempt matter arising out of the incident which is
the subject matter of trial before the criminal court, this Court has
ample power under Article I42 of the Constitution to pass any order
necessary to do justice and prevent abuse of process of the court and
that there is no limitation on the power of this Court under Article I42 H
,_./
942 SUPREME COURT REPORTS [ l99!J 3 S.C.R,.

A in quashing a crimin:il proceeding pending before a subordinate court.

The basic questions that arose for consideration of the Court
were: (a) whether the Supreme Court has inherent juisdiction or
power to punish for contempt of subordinate or inferior courts under
B Article 129 of the Constitution, (b) whether the inherent jurisdiction
and power of the Supreme Court is restricted by the Contempt of
Courts Act, I97I, (c) whether the incident interfered with the due
administration of justice and constituted contempt of court, and (d)
what punishment should be awarded to the contemners found guilty of
contempt.
c Disposing of the writ petitions, Criminal Miscellan,eous Petitions,
and contempt petitions, this Court,

HELD: I. I Contempt of court is an act or ommission calculated to
interfere with the due administration of justice. It includes civil and
D criminal contempt. [9910]

Bowen L.J. in He/more v. Smith, [I886] 35 Ch.D. 436 at 455,
referred to. ,
1.2 The definition of criminal contempt is wide enough to include
any act by a person which would tend to interfere with the administra-
E tion of justice or which would lower• the authority of court. The public
have a vital stake in effective and orderly administration of justice. The
Court has the duty of protecting the interest of the community in the
due administration of justice and, so, it is entrusted with the power to
commit for contempt of court, not to protect the dignity of the Court
against insult or injury, but, to protect and vindicate the right of the
F public so that the administration of justice is not perverted, prejudiced,
obstructed or interfered with Offutt v. U.S., [1954] 348 ijs 11, referred
to. [99IF]
1.3 The power to punish contempt is vested in the Judges not for
their personal protecting only, but for the protection of public justice,
G whose interest, requires that decency and decorum is preserved in
Courts of Justice. Those who have to discharge duty in a Court of .,..
Justice are protected by the law, and shielded in the discharge of their
duties. Any deliberate interference with the discharge of such duties
either in court or outside the court by attacking the presiding officers of
the court, would amount to criminal contempt and the courts must take
H serious cognizance of such conduct. [993B]
JUDL. SERVICE ASSN. v. STATE OF GUJARAT 943

l.4 The object and purpose of punishing contempt for interfe-
A
rence with the administration of justice is not to safeguard or protect
the dignity of the Judge or the Magistrate, but the purpose is to pre-
serve the authority of the courts to ensure an ordered life in society. [99IHJ

Auorney-Generai v. Times Newspapers, (1974] A.C. 273 at p.
302, referred to. B

I.5 The Chief Judicial Magistrate is head of the Magistracy in the
District who administers justice to ensure, protect and safaguard the
rights of citizens. The subordinate courts at the district level cater to the
need of the masses in administering justice at the base level. By and
large the majority of the people get their disputes adjudicated in subor-
dinate courts. It is, in the general interest of the community that the
c
authority· of subordinate courts is protected. If the CJM is led into a
trap by unscrupulous Police Officers, and if he is assaulted, handcuffed
and roped, the public is bound to lose faith in Courts, which would be
destructive of the basic structure of an ordered society. If this is permit-
ted Rule of Law shall be supplanted by Police Raj. [992D-E) D

I.6 The conduct of Police Officers in the instant case; in assa.ult-
'i ing and humiliating the CJM brought the authority and administration
of justice into disrespect, affecting the public confidence in the institu-
tion of justice. [992G I
E
I. 7 The incident is a clear interference with the administration of
justice, lowering its judicial authority. Its effect was not confined to one
District or State, it had a tendency to affect the entire judiciary in the
country. The incident high-lights a dangerous trend that if the Police is
annoyed with the orders of a presiding officer of a court, he would be
arrested on flimsy manufai:tured charges, to humiliate him publicly as F
has been done in the instant case. [992F)

l.8 The facts of the instant case, demonstrate that a presiding
officer of a court may be arrested and humiliated on flimsy and
manufactured charges which could affect the administration of justice.
In order to avoid any such situation in future, it is necessary to lay down G
guidelines which should he followed in the case of arrest and detention
of a Judicial Officer. [IOOOF)

J.9 In view of the paramount necessity of preserving the·
independence of judiciary and at the same time ensuring that infrac-
tions of law are properly investigated the following guidelines are to be H
944 SUPREME COURT REPORTS [1991] ,3 S.C:R.

followed: (a) If a judicial officer is to be arrested for some offence, it
A
should be done under intimation to the District Judge or the High Court
as the case may be. (b) If facts and circumstanct's necessitate the
immediate arrest of a judicial officer of the subordi1nate judiciary, a ~
technical or formal arrest may be effected. (c) The fact of such arrest
should be immediately communicated to the District and Sessions Judge
13 of the concerned District and the Chief Justice of thie High Court. (d)
The Judicial Officer so arrested shall not be taken to a police station,
without the prior order or directions of the District & Sessions Judge of
the concerned District, if available. (e) Immediate facilities shall be
provided to the Judicial Officer for communication with his family
members, legal advisors and Judicial Officers, including the District &
Sessions Judge. (f) No statement of a Judicial Officer who is under ~
c arrest be recorded nor any panchnama be. drawn u11 nor any medical
test be conducted except in the presence of the Legal Advisor of. the
Judicial Officer concerned or another Judicial Ollicer of equa! or
higher rank, if available. (g) There should be no handcuffing of a Judi-
cial Officer. If, however, violent resistance to arrest is offered or there
D is imminent need to effect physical arrest in order to avert danger to life
and linib, the person resisting arrest may be over-p,Bwered and hand-
cuffed. In such case, immediate report shall be mad«e to the District &
Sessions Judge concerned and also to the Chief Justice of the High .,
Court. But the burden would be on the Police to est•.blish the necessity
for effecting physical arrest and handcuffing the Judicial Officer and if
E ii be established that the physical arrest and hand-cuffing of the Judi·
cial Officer was unjustified, the Police Officers causing or responsible
for such arrest and handcuffing would be guilty of misconduct and ·
would also be personally liable for compensation and/or damages as
may be summarily determined by the High Cou°rt. [lOOOG-lOOIF] ,j

F I.I() These guidelines are not exhaustive but are the minimum
safeguards to be observed in case of arrest of a Judicial Officer. These
should be implemented by the State Governments as well as by the High
Courts. [IOOIG]

1.11 No judicial officer should visit a Police Station on his own
G except in connection with his official and judicial duties and functions, · I
and this also with prior intimation to the District and SessionsJ~e. [lll02B] II ~
2.l The Supreme Court as the Apex Court is the protector and
' guardian of justice throughout the land, therefore, it has a right and
also a duty to protect the courts whose orders and judgments are amen·
H able to correction, from commission of contempt against them. This
JUDL. SERVICE ASSN. v. STATE OF GUJARAT 945

right and duty of the Apex Court is not abrogated merely because the
A
High Court also has this right and duty of protection of the subordinate
courts. The jurisdictions are concurrent and not exclusive or
antagonistie. (967G-H]

2.2 Article 136 vests the Supreme Court with wide powers to
grant special leave to appeal from any judgment, decree determination B
sentence or order in any cause or matter passed or made by any court or
tribunal in the territory of India except a court or tribunal constituted
b) or under any law relating to the Armed Forces. The Court's appel-
late power under Article 136 is plenary, it may entertain any appeal by
granting special leave against any order made by any Magistrate; Tri-
bunal <;>r any other subordinate court. The width and amplitude of the C
power is not affected by the practice and prcedure followed in insisting
that before invoking the jurisdiction under Article 136 the aggrieved
part) inust exhaust remedy available under the law before the appellate
authority of the High Court. Self imposed restrictions do not divest it of
its wide powers to entertain any appeal against any order or judgment
passed by any court or tribunal in the country without exhausting D
alternative remedy before the appellate authority or the High Court.
fhe power of the Court under Article 136 is unaffected by Articles 132,
133 and 134(A) in view of the expression "notwithstanding anything in this
Chapter" occurring in Article 136. (968E-969A]

Durga Shankar Mehcav. Thakur Raghuraj Singh & Ors., [I955] 1 E
SCR 267 and Arunachalam v. P.S.R. Sadhanantham & Anr., [1979] 2 ·
sec 297' referred to.
' 2 .3 In addttion to the appellate power, the Supreme Court has
special residuary power to entertain appeal against any order of any
court in the country. The plenary jurisdiction of the Court to grant F
leave and hear appeals against any order of a court or Tribunal, confers
power of judicial superintendence over all the courts and Tribunals in
the territory of India including subordinate courts of Magistrate and
District Judge. The Court has, therefore, supervisory jurisdiction over
all courts in India. (970F]
G
2.4 Article 129 provides that the Supreme Court shall be a court
of record and shall have all the powers of such a court including the
power. to punish for contempt of itself. Article 215 contains similar
provision in respect of High Court. Both tire Supreme Court as well as
High Courts are courts of record having powers to punish Ior contempt
including the power to punish for contempt of itself. I970G I H
946 SUPREME COURT REPORTS I 1991] 3 S.C.R.

2.5 The Constitution does not define "Court of Record". A
/1
"Court of Record" is a court where acts and judicial proceedings are
enrolled in parchment for a perpetual memorial and t•estimony, which
rolls are called the 'record' of the court· and.are conclusive evidence of
that which is recorded therein. [970H-971E]

B Wharton's Law Lexicon: Words & Pnrases (Permanent Edition)
vol. IO p. 429: Halsbury's Laws of England Vol. 10 p. 3jl9.

2.6 In India prior to the enactment of the Contempt of Courts
Act, 1926, High Court's jurisdietion· in respect of cont1,mpt of subordi- ·-'
nate and inferior courts was regulated by the principles of Common Law
of England. The High Courts in the absence of statutory provision
,.
c exercised power of contempt to protect the subordina-.te courts on the
· premise of inherent power of a Court of Record. [974F·G]

Rex v. Almon, 97 ER 94; Rainy v. The Justices of Seirra Leone, 8
Moors PC 47 at 54; Surendra Nath Banerjee v. The Chief Justice and
D Judges of the High Court at Fort William in Bengal, ILR 10 Calcutta
109; Rex v. Parke, [1903] 2 K.B. 432 at 442; King v. Davies, [1906] I
K.B. 32; King v. Editor of the Daily Mail, [1921] 2 K.B. 733; Attorney-
General v. B.B;C., [1980] 3 ALR 161; Venkat Rao 21 Madras Law
Journal 832; Mohandas Karam Chand Gandhi [1920] :~2 Bombay Law
Reporter 368; Abdul Hassan Jauhar's AIR 1926 Allahabad 623;
E Shantha Nand Cir v. Basudevanand, AIR 1930 Allahabad 225 FB; Mt.
Hirabai v. Mangal Chand, AIR 1935 Nagpur 46; Harkishan Lal v.
Emperor, AIR I937 Lahore 497; Mohammad Yusuf v. lmtiaz Ahmad
Khan, AIR 1939 Oudh, 131 and Legal Remembrancer v. Moti/al
Ghosh, ILR 41Cal.173, referred to. }

F 2. 7 The Kings Bench in England and High Courts in India being
superior Court of Record and having judicial power to corte<it orders of
subordinate courts enjoyed the inherent power of contempt to protect
the subordinate courts. The Supreme Court being a Court of Record
under Article 129 and having wide power of judicial sup•,rvision over all
the Courts in the country, must possess and exercise similar jurisdiction
G and power as the High Courts had prior· to Contempt Legislation in
1926. Inherent powers of a superior Court of Record have remained
unaffected even after Codification of Contempt Law. [976G-977A]

Sukhdev Singh Sodhi v. The Chief Justice and Judges of the
PEPSU High Court, [1954] SCR 454 and R.L. Kapur v. State of Tamil •
H Nadu, AIR 1972 SC 858, referred to.
JUDL. SERVICE ASSN. v. STATE OF GUJARAT 947

2.8 The Contempt of Courts Act 1971 was enacted to define and
A
limit the powers or'courts in punishing contempts of courts and to
regulate their procedure in relation thereto. There is no provision
therein curtailing the Supreme Court's power with regard to contempt.
> of subordinate courts; Section 15 expressly refers to this Court's power
for taking action for contempt of subordinate courts. The section pre-
scribes modes for taking cognizance of criminal contempt by the High B
Court and Supreme Couri. It is not a substantive provision conferring
power or jurisdiction on the High Court or on the Supreme Court for
taking action for the contempt of its snbordinate courts. The whole
object of prescribing procedural modes of taking cognizance in Section
15 is to safeguard to valuable time oT the High Court and the Supreme
Court being wasted by frivolous complaints of. contempt of court.
Section 15(2) does not restrict the power of the High Court to the c
cognizance of the contempt of itself or of a subordinate court on its own
motion although apparently the Section does not say so. [977A-C, 978G-979A]

S.K. Sarkar, Member, Board of Revenue, U.P. Lucknow v.
Vmay Chandra Misra, [198112 SCR331, referred to. D ·

3.1 Under Entry 77 of List I of.the Seventh Schedule read with
Article 246, Parliament is competent to enact a law relating to the
powers of the Supreme ,court with regard to 'contempt of itself'. Such a
law may prescribe procedure to be followed and it may also prescribe
the maximum punishment which could be awarded and it may provide i;;
for appeal and for other matters. But the Central Legislature has no
legislative competence to abridge or extinguish the jurisdiction or
power conferred on the Supreme Court under Article 129. The Parlia-
ment's power to legislate in relation to the law of contempt relating to
the Supreme Court is limited, therefore the Contempt of Courts Act
does not impinge upon the Supreme Court's power with regard to the F
contempt of subordinate courts under Article 129. [979C·F]

3.2 Article 129 declares the Supreme Court a court of record and
it further provides that the Supreme Court shall h.ave all the powers of
such a court including the power to punish for contempt of itself. The
expression used in Article 129 is not restrictive, instead it is extensive in G
nature. If the Framers of the Constitution intended that the Supreme
C"urt shall have power to punish for contempt of itself only, there was
no necessity for inserting the expression "including the power to punish
for contempt of itself." [979G I

3.3 Article 129 confers power on the Supreme Court tG punish for H
948 SUPREME COURT REPORTS (1991] 3 S.C.R.

A contempt of itself l)-nd in addition, it confers some additional power
relating to contempt as would appea_r from the expression "including".
The expression "including" has l>een interpreted l>y courts, to extend
and widen the scope of power. The plain language of the Article clearly
indicates that the Supreme Court as a Court of record has power to
B punish for contempt of itself and also something else which could fall
wfrhin the inherent jurisdiction of a court of record. [979H-980A]

3.4 In interpreting the Constitution, it is not permissible to adopt
a construction which would render any expression superfluous or
redundant. [980B j

C 3.5 While construing Article 129, it is not permissible to ignore
the significance and impact of the inclusive power conferred on the
Supreme Court. [980B]

3 .6 The conferment of appellate power on the Court by a statute
D ·section 19 of the Contempt of Courts Act 1971 does not and cannot
affect the width and amplitude of inherent powers of this Court under
Article 129ofthe Constitution. [981E]

KL. Gauba v • .The Hon"ble the Chief Justice and Judges of the
High Court of Judicature at Lahore & Anr., AIR 1942 FC l, ¥
E distinguished.

4.1 Article 374(2) is in the nature of a transitory provision to meet
the exigency of the situation on. the abolition of the Federal Court and
setting up of the Supreme .Court. There is no provision in the said
Article to the effect that the decisions of the Federal Court shall be
F binding on the Supreme Court. The decisions of the Federal Court and
the Privy Council made before the commencement of the Constitution
are entitled to great respect but these decisions are not binding on the
Supreme Court and it is always open to this Court to take a different
view. [983F-G]

Om Prakash Gupta v. The United Provinces, AIR 1951 Allaha- ·
G
bad 205 and State of Bombay v. Gajanan Mahadev Badley, AIR 1954
Bombay 352, approved.

The State of Bihar.v. Abdul Majid, [1954) SCR 786 and Shrinivas
Krishnarao Kango v. Narayan Devji Kango & Ors., [1955] I SCR l,
H referred to.
JUDL. SERVICE ASSN. v. STATE OF GUJARAT 949

K.L. Gauba v. The Hon'b/e the Chief Justice and Judges of the
A
High Court of Judicature at Lahore & Anr., AIR 1942 FC l and
Purshottam Lal Jaitly v. The King Emperor, [1944] FCR 364, explained
> and distinguished.

The Federal Court exercised limited jurisdiction as conferred on
it by tbe Government of India Act 1935. The question regarding the B
inherent power of the Supreme Court as a Court of Record in respect of
the contempt of subordinate Courts was neither raised nor discussed in
its decisions. The Fe.deral Court observed that if the High Court and the
Federal Court both have concurrent jurisdiction in contempt matters, it
could lead to conflicting judgments and anamolous consequences. That
may be so under the Government of India Act as the High Court
and the Federal Court did not have concurrent jurisdiction, but under
c
the Constitution, High Court and the Supreme Court both .have con-
current jurisdiction in several matters, yet no anamolous consequences
follow. [985H-986B]

4.2 The Federal Court did not possess the wide powers as the D
Supreme Court has under the Constitution. There are marked diffe-
rence in the constitution and jurisdiction and the amplitude of powers
exercised by the two courts. In addition to civil and criminal appellate
jurisdiction, the Supreme Court has wide powers under Article 136
over all the courts and Tribunals in the country. The Federal Court had
no such power, instead it had appellate power but that too could be E
exercised only on a certificate issued by the High Court. The Federal
Court was a court of record under Section 203 but it did not possess an~
plenary or residuary appellate power over all the courts functioning in
the territory of India like the power conferred on the Supreme Court
under Article 136 of the Constitution. Therefore, the Federal Courl had
no judicial control or superintendence over subordinate courts. [986C-E I F

4.3 Advent of freedom; and promulgation of the Constitution
have made drastic changes in the administration of justice necessitating
new judicial approach; The Constitution has assigned a new role to the
Constitutional Courts to ensure rule of law in the country. These
changes have brought new perceptions. In interpreting the Constitu- G
lion, regard must be had to the social, economic and political changes,
need of the community and the independence of the judiciary. The
Court can.not be a helpless spectator, bound by precedents of colonial
days which have lost relevance. Time has come to have a fresh look to
the old precedents and to lay down law with the changed perceptions
keeping in view the provisions of the Constitutiton. [986F-G I H
950 SUPREME COURT REPORTS [ 1991] 3 S.C.R.

5.1 Courts constilut·tl under a law enacted by the Parliament or
A
the State Legislature have limited jurisdiction and they cannot assume
jurisdiction in a matter, not expressly assigned to them, but that is not
so, in the case of a s11perior court of record constituted by the Constitu-
tion such a court does not have a limited jurisdiction, instead it has
power to determine its own jurisdiction. No matter is beyond the juris-
B diction of a superior court of record unless it is expressly showrt to be
so, under the provisions of the Constitution. In the absence of any
express provision in the Constitution, the Apex Court being a Court of
record has jurisdiction in every matter and if there be any doubt, the
Court has power to determine its jurisdiction. If such determination is
made by the High Court, the same would be subject to appeal to this
Court, but if the jurisdiction is determined by this Court it would be
c final. [988C-E]

Naresh Shridhar Mirajkar & Ors. v. State of Maharashtra & Ors.,
[1966] 3 SCR 744; Special Reference No. I of 1964, [1965] l SCR 413
and Ganga Bishan v. Jai Narain, [1986] l SCC 75, referred to.
D
5.2 Since the Supreme Court has po.wer of judicial superinten•
deuce and control over all the courts and Tribunals functioning in the
entire territory of the country, it has a corresponding duty to protect
and safeguard the interest of inferior courts to ensure the flow of the
stream of justice in the courts without any interference or attack from
E any quarter. The subordinate and inferior courts do not have adequate
power under the Jaw to protect themselves, therefore, it is necessary
that this Court should protect them. Under the constitutional scheme it
has a special role in the administration of justice and the powers confer-
red on it under Article 32, 136, 141 and 142 form part of the basic
structure of the Constitution. The amplitude of the power of the court J
F under these Articles of the Constitution cannot be curtailed by law
made by Central or State Legislature. [987 A-Cl

5.3 The Supreme Court and the High Court both exercise concur-
rent jurisdiction under the constitutional scheme in matters relating to
fundamental rights under Articles 32 and 226 of the Constitution.
G Therefore, this Court's jurisdiction and power to take action for con-
tempt of subordinate courts would not be inconsistent to any constitu-
. tional scheme. [9870 I

5.4 The Apex Court is duty bound to take effective steps within
the constitutional provisions to ensure a free and fair administration of
H justice through out the country. For that purpose it must wield the
JUDL. SERVICE ASSN. v. STATE OF GUJARAT 951

requisite power to take action for contempt of subordinate courts. Ordi-
A
narily, the High Court would protect the subordinate courts from any
onslaught on their independence, but in exceptional cases, extra-
ordinary situation may prevail affecting the administration of public
)
justice or where the entire judiciary is affected, this Court may directly
take cognizance of contempt of subordinate courts. [987F]
B
5.5 The Supreme Court will sparingly exercise its inherent power
in taking cognizance of the contempt of subordinate courts, as ordina-
rily matters relating to contempt of subordinate courts must be dealt
with by the High Courts. The instant case is of exceptional natllre as the
incident created a situation where functioning of the subordinate courts
all over the country was adversely affected and the administration of
justice was paralysed, therefore, this Court took cognizance of the c
matter. [987G-988A]

6.1 Though there is no provision like section 482 of the Criminal
Procedure Code conferring express power on the Supreme Court to
quash or set aside any criminal proceeding pending before a criminal D
court to prevent abuse of process of the court, but the Court has power
to quash any such proceeding in exercise of its plenary. and residuary
powers under Article 136 of the Constitution, if on the admitted facts no
\/ change is made out against the accused or if the proceedings are
initiated on concocted facts, or if the proceedings are initiated for obli-
que purposes. [996E] E

Once the Supreme Court is satisfied that the criminal proceedings
amount to abuse of process of court it would quash such proceedings to
ensure justice. [996GJ
).

State of West Bengal & Ors. '\· Swapan Kumar Guha & Ors.. F
[1982] 3 SCR 121 and Madhavrao Jivajirao Scindia & Ors. v. Sambha-
jirao Chandrojirao Angre & Ors .• [1988] I SCC 692, referred to.

6.2 The inherent power of the Supreme Court under Article 142
coupled with the plenary and residuary powers under Articles 32 and
136 embraces power to quash criminal proceedings pending before any G
court to do complete justice in the matter before this Court. If the court
is satisfied that the proceedings in a criminal case are being utilised for
oblique purposes or if the same are continued on manufactured and
false evidence or if no case is made out on the admitted facts, it would be
in the ends of justice to set aside or qupsh the criminal proceeding. It is
idle to suggest that in such a situation this Court should be a helpless H
spectator. [997B-C]
952 SUPREME COURT REPORTS (1991] 3 S.C.R.

6.3 The Court's power under Article 142(1) to do "complete
A
justice" is entirely of different level and of· a different quality. Any
· prohibition or restriction contained in ordinary laws cannot act as a
limitation on the constitutional power of this Court. Once this Court
has seisin of a cause or matter before it, it has power to issue any order "-
or direction to do "complete justice" in the matter. This constitutional
B power of the Apex Court cannot be limited or restricted by provisions
contained in statutory law. [997G I

6.4 What would be the need of "complete justice" in a cause or
matter would depend upon the facts and circumstances of each case and
while exercising that power the Court would take into consideration the
C · express provisions of a substantive statute. Once this Court has taken
seisin of a case, cause or matter, it has power to pass any order or issue •
direction as may be necessary to do complete justice in the matter. [998D I

Prem Chand Garg v. Excise Commissioner, UP. Allahabad,
(1963] Supp. 1 SCR 885 and A.R. Antu/ay v. R.S. Nayak & Anr.,
D (1988] 2 SCC 602, referred to.

In-the instant case, the foundation of the criminal trial of CJM-NL
Patel is based on facts which have been found to be false. It would be in
the ends of justice and also to do complete justice in the cause .to quash ·1
the criminal proceedings. [998F]
E
7.1 Article 20(3) of the Constitution declares that no person
accused of any offence shall be compelled to be a witness against him-
self. In order to avail the protection of Article 20(3) three conditions
must be satisfied. Firstly, the person must be accused of an offence.
Secondly, the element of compulsion to be a witness should be there, '
F and thirdly it must be against himself. All the three ingredients must
necessarily exist before protection of Article 20(3) is available. If any of
these ingredients do not exist, Article 20(3) cannot be invoked. [964E-F}

Balkishan Devidaya/ v. State of Maharashtra, (1980] 4 SCC 600,
referred to.

7.2 Mere issue of notice or pendency of contempt proceedings do
not attract Article 20(3) of the Constitution as the contemners against -
whom notices were issued were not accused of any offence. A Criminal
contempt is punishable by the superior courts by fine or imprisonment,
but it has many characteristics which distinguishes it from an ordinary
.H offence. [964G]
JUDL. SERVICE ASSN. v. STATE OF GUJARAT 953

7.3 The power, to take proceedings for contempt of Court is an
A
inherent power of a· Court of record. The Criminal Procedure Code
does not apply to such proceedings. Since the contempt proceedings are
). not in the nature of criminal proceedings for an offence, the pendellcy
of contempt proceedings cannot be regarded as criminal proceedings
merely because it may end in imposing punishment on the contemner. A
contemner it is not in the position of an accused. It is open to the Court B
to cross-examine the contemner and even if the contemner is found to be
guilty of contempt, the Court may accept apology and discharge the
notice of contempt, whereas tendering.of apology is no defence to the
trial of a criminal offence. This peculiar feature distinguishes contempt
proceedings from criminal proceedings. In a criminal trial where a
person is accused of an offence there is a public prosecutor who prose-
cutes the case on behalf of the prosecution against the accused but in
c
contempt proceedings the court is both the accused a.s well as the judge
of the accusation. [966C-E]

Debabrata.'Bandopadhyaya's case, AIR 1969 SC 189,.referred to.
D
7.4 In the instant case, the contemners do no stand in the position
of a "person accused o_f an offenct" merely on account of issue of notice
of contempt by this Court and the Commission which was acting on
behalf of this Court had full authority to record the testimony of the
contemners. There has, therefore, been no violation of Article 20(3) of
the Constitution and the Commission's finding are not violated. [966F-G] E

8.1 In determining, what punishment should be awarded to con·
temners found guilty, the degree and the extent of part played by each
of the contemners has to he kept in mind. [998G I

8.2 In the instant case, Sharma, the Police Inspector was the F
main actor in the entire incident and who had planned the entire
episode with a view to humiliate the CJM in the public eye is the main
culprit and therefore, he deserves maximum punishment. The Sub·
Inspector took an active part in assaulting and tying the CJM at the
behest of the Police Inspector. The Head Constable and Constable also
took active part in handcuffing and tying the CJM w'ith ropes, but as G
subordiµate officials they acted under the orders of the superior offi·
cers. The Mamlatdar was a friend of the Police Inspector, he had no axe
to grind against the CJM but he acted under the influence of the Police
Inspector. So far as the DSP is concerned, ne actively abetted the com·
mission of onslaught on the CJM. The contemners are held guilty of
contempt and.awarded punishment. [998H·999B I H
954. SUPREME COURT REPORTS (1991] 3 S.C.R.

8.3 The Police Inspector to undergo simple imprisonment for a
A
period of six months and to pay fine of Rs.2,000. The Sub-Inspector to
undergo simple imprisonment for a period of five months and pay a fine
of Rs.2,000 and in default one month's simple imprisonment. Head
Constable and Constable, each to undergo simple imprisonment for two
months and a fine of Rs.500 and in default 15 days simple imprison-
B ment. The Mamlatdar to undergo simple imprisonment for a period of
two months and a fine of Rs.1,000 and in default one month's simple
imprisonment. The DSP is sentenced to imprisonment for a period of
one month and a fine of Rs.1,000 and in default simple imprisonment
for 15 days. So far as the other respondents against whom notices were
issued no adequate material on record holds them guilty. The contempt
notices are therefore discharged. [999C-E]
c
9.1 The Court express~d displeasure on the conduct of the DGP.
As the head of the Police in the State, he was expected to intervene in
the matter and to ensure effective action against the erring Police Offi·
cers. He was totally indifferent to the news that a CJM was arrested,
D handcuffed, roped, and assaulted. He took this news as a routine matter
, without taking any steps to ascertain the correct facts for effective
action against the erring Police Officers. If the head of the State Police
Administration exhibits such indifference to a sensitive matter which
I
shook the entire judicial machinery in the State, nothing better could be
expected from his subordinate officers. The State Government should
E take action departmentally on the basis of the findings recorded by the
Commission. [999F-1000A]

9.2 The discharge of the contempt notices does not absolve the
officers of their misconduct. The State Government is directed to pro-
ceed with the disciplinary proceedings for taking appropriate action. IlOOoli I
F
ORIGINAL JURISDICTION: Writ Petition (CRL.) No. 517
of 1989 etc. etc.

(Under Article 32 of the Constitution of India).

G Scli. J. Sorabjee, Attorney General, Ashok H. Desai, Addi.
·Solicitor General, R.K. Garg, G. Ramaswamy, F.S. Nariman, Dr.
L.M. Singhvi, G.A. Shah, T.U. Mehta, V.M. Tarkunde, B.K. Mehta
S.S. Ray, A.K. Gupta, S.K. Dhingra, T.C. Sharma, Kishan Dutt, R.J.
Trivedi, Manoj Swarup, M.N. Shroff, Sudarsh Menon, Sushi! Kumar
Jain, Bahl Singh Malik, Gopala Subramanium, Ms. Binu Tamta,
H Shahid Rizi, D.K. Singh, T. Ray, Pramod Swarup, Praveen Swarup,

\
JUDL. SERVICE ASSN. v. STATE OF GUJARAT [SINGH, J.] 955

P.H. Parekh, Sunil Dogra, C.L. Sahu, G.L. Gupta, Brij Bhushan, A
N.S. Das Bahl, Mrs. H. Wahi, Harish Javeri and S. Ganesh. T.C.
Sharma for the appearing parties.
).
The Judgment of the Court was delivered by
B
K.N. SINGH, J. On 25th September, 1989, a horrendus inci-
dent took place in the town of Nadiad, District Kheda in the State of
Gujarat, which exhibited the berserk behaviour of Police undermining
the dignity and independence of judiciary. S.R. Sharma, Inspector of
Police, with 25 years of service posted at the Police Station, Nadiad,
arrested, assaulted and ha.ndcuffed N.L. Patel, Chief Judicial Magis-
.,.. trate, Nadiad and tied him with a thick rope like an animal and made a c
public exhibition of it by sending him in the same condition to the
Hospital for medical examination on an alleged charge of having con-
sumed liquor in breach of the prohibition law enforced in the State of
Gujarat. The Inspector S.R. Sharma got the Chief Judicial Magistrate
photographed in handcuffs with rope tied around his body alongwith D
the constables which were published in the news papers all over the
country. This led to tremors in the Bench and the Bar throughout the
whole country.
)
The incident undermined the dignity of courts in the country.
Judicial Officers, Judges and Magistrates all over the country were in
E
a state of shock, they felt insecure and humiliated and it appeared that
instead of Rule of Law there was Police Raj in Gujarat. A number of
. Bar Associations passed Resolutions and went on strike. The Delhi
Judicial Service Association, the All India Judges Association, Bar
, Council of Uttar Pradesh, Judicial Service of Gujarat and many others '
approached. the Apex Court by means of telegrams and petitions under
F
Article 32 of the Constitution of India for Saving the dignity and
honour of the judiciary. On 29.9.1989, this Court took cognizance of
the matter by issuing notices to the State of Gujarat and other Police
Officers. The Court appealed to the Members of the Bar and Judiciary
to resume work to avoid inconvenience to the litigant public. Subse-
q uently, a number of petitions were filed under Article.32 of the Con-
G
stitution of India for taking action against the Police Officers and also
·'· for quashing the criminal proceedings initiated by the Police against
N .L. Patel, Chief Judicial Magistrate. A number of Bar Associations,
Bar Councils and individuals appeared as interveners condemning the
action of the police and urging the Court for taking action against the
Police Officers. H
956 SUPREME COURT REPORTS [1991] 3 S.C.J{.

In Petition No. 518 of 1989 alongwith Contempt Petition No. 6 of
A
1989 filed by the President, All India Judges Association, notices for
contempt were issued by this Court on 4.10.1989 to seven Police Offi-
cials, D.K. Dhagal, D.S.P., A.M. Waghela, Dy. S.P., S.R. Sharma,
·Police Inspector, Kuldeep Singh Lowchab, Police Inspector (Crime),
K.H. Sadia, Sub-Inspector of Police, Valjibhai Kalabhai, Head Const-
B able and Pratap Singh, Constable: N .L. Patel, CJM, Nadiad also filed
an application in W.P. No. 517 of 1989 with a prayer to quash the two
F!Rs lodged against him, to direct the trial of the complaint filed by him.
as State case and to award compensation.

On 13.2.1990 notices from contempt were issued to. K.
Dadabhoy, Ex. D.G.P., Gujarat, Dr. Bhavsar, Senior Medical Officer
c of' Govt. Hospital Nadiad and M.B. Savant, Mamlatdar, Nadiad. The
Court during the proceei:lings also issued notices to R. Bala Krishnan,
Additional Chief Secretary (Home), Government of Gujarat and S.S.
Subhalkar, District Judge, Nadiad to show cause why action be not
taken against them in" :ew of the Report of Justic~ Sahai.
D
N.L. Patel was posted as Chief Judicial Magistrate at Nadiad in
October, 1988. He soon found that the local Police was not co-
operating with the courts in effecting service of summons, warrants an
notices on accused persons, as a result of which the trials of cases were
delayed. He made complaint against the local Police to the District
'
E Superintendent of Police and forwarded a copy of the same to the
Director General of Police but nothing concrete happened. On
account of these complaints S.R. Sharma, Police Inspector Nadiad was
annoyed with the Chief Judicial Magistrate, he withdrew constables
posted in the CJM Court. In April 1989 Patel filed two complaints with
the Police against Sharma and other Police Officials, Nadiad for delay-
\ F ing the process of the court. On 25 July, 1989 Patel directed the Police
to register a criminal case against 14 persons who had caused obstruc-
tion in judicial proceedings but subsequently since they tendered
unqualified apology, the CJM directed the Police Inspector to drop the
cases against those persons. Sharma reacttd strongly to Patel's direc-
tion and he made complaint against the CJM to the Registrar of the
G High Court through District Superintendent of Police;. These facts
show that there was hostility between the Police of Nadiad and the
CJM. On 25.9.1989, S.R. Sharma met Patel, CJM in his Chambers to
discuss the case of one Jitu Sport 'Vhere the Police had failed to submit
charge-sheet within 90 days. During discussion Sharma invited the
CJM to visit the Police Station to see the papers and further his visit
l-1 would ·n Jllify the sentiments of the Police Officials. His alleged that at
JUDL. SERVICE ASSN. v. STATE OF GUJARAT (SINGH, J.J 957

8.35 p.m. Sharma sent a Police Jeep at Patel's residence, and on that
A
vehicle Patel went to the Police Station. What actual happened at the
Police Station is a matter of serious dispute between the parties.
}. According to the CJM, he arrived in the Chamber of Sharma in the
Police Station, he was forced to consume liquor and on his refusal he
was assaulted, handcuffed and tied with rope by Sharma. Police
Inspector, Sadia Sub-Inspector, Valjibhai Kalajibhai, Head Constable B
and Pratap Singh, Constable. It is further alleged that Pata! was sent to
Hospital for Medical examination under handcuffs where he was made
to sit on a bench in the varanda exposing him to the public gaze.
Sharma, Police Inspector and other Police Officers have disputed
these allegations. According to Sharma, Patel entered his chamber at
1 the Police Station at 8.45 p.m. on 25.9. 1989 in a drunken state, shout-
ing and abusing him, he ~aught hold of Sharma and slapped him, since c
he was violent he was arrested, handcuffed and sent to Hospital for
medical examination. Patel himself wanted to be photographed while
he was handcuffed and tied with ropes, a photographer was arranged
to take his photograph which was published in the newspapers.
D
Since, there was serious dispute between the parties with regard
to the entire incident, the Court appointed Justice R.M. Sahai senior
~ puisne Judge of the Allahabad High Court (as he then was) to inquire
into the incident and to submit report to the Court. Justice Sahai was
appointed to hold the inquiry on behalf of this Court and not under the
provisions of the Commission of Inquiry Act. Justice Sahai visited E
Nadiad and held sittings 'there. The learned Commissioner/Judge
invited affidavits/statements, and examined witnesses including S.R.
Sharma the Police Inspector, D.K. Dhagal, D.S.P. and other Police
• Officers, lawyers, N .L Patel, CJM, and Doctors and other witnesses.
Justice Sahai afforded full opportunity to all the concerned persons
including the State Government, Police Officers and lawyers to lead F
evidence and to cross examine witnesses. He submitted a detailed
Report dated 28.11.1989 to this Court on 1.12.1989. On receipt of the
Report this Court directed copies to be delivered to concerned parties
and permitted the parties and the ccintemners to file their objections, if
any, before this Court. The objections were filed by the Police Officers
and the contemners disputi.ng the findings recorded by the G
Commissioner.

On 12.12. 1989, when the matter came up for final disposal the
Court issued notices to the Attorney-General and Advocate-General ·
of the State of Gujarat. On 10.1.1990 the Court directed the State of
Gujarat to file affidavit stating as to what actio.n it had taken or pro- H
958 SUPREME COURT REPORTS [1991] 3 S.C.R.

posed to take against the off:cers in the light of the Report of Justice
A
Sahai. The Court further issued notices to R. Bala Krishnan, Addi-
tional Chief Secretary (Home), Government of Gujarat, K. Dadab-
hoy, Director General of Police, S.S. Sudhalkar, District Judge. to
show cause as to why action should not be taken against them in view
of the Report of Justice Sahai. The State Government v:as further
B directed to explain as to why action against D.K. Dhagal, DSP, S.R.
Sharma, Police Inspector and other police officers had not been taken.
On 13.2.1990 a notice for contempt of this Court was issued to K.
Dadabhoy on the same date in view of the findings recorded by Justice
Sahai, notices for contempt of court were issued to Dr. Bhavsar and
M.B. Savant, Mamlatdar, Nadiad also.
c In his affidavit, S.R. Sharma, Police Inspectoi' has raised a
number of objections to the findings recorded by the Commissioner.
The objections are technical in nature, challenging the authority and
jurisdiction of the Commissioner in collecting evidence and recording
findings against him. Sharma has further stated in his objections that
D the Commissioner acted as if he was sitting in judgment over the case.
Other Police Officers have also raised similar objections. We find no
merit in the objections raised on behalf of Sharma, Police In>pector
and other contemners. The Commissioner had been appointed by this
Court to hold inquiry and submit his report to the Court. Justice Sahai
was acting on behalf of this Court and he had full authority to record
E evidence and cross-examine witnesses and to collect evidence on
behalf of this Court. Since, the main incident of Chief Judicial Magis-
trate's arrest, assault, handcuffing and roping was connected with
several other incidents which led to the confrontation between the
Magistracy and local police, the learned Commissioner was justified in •
recording his findings on the background and genesis of the entire
F episode. The Police Inspector Sharma raised a grievance that he was
,denied opportunity of cross-examination of Patel, CJM and he was not
permitted to produce Dr. Jhala as a witness, Sharma's application for
the recall of CJM for further cross-examination and for permission to
produce Dr. Jhala, retired Deputy Director, Medical and Health
Services, Gujarat, was rejected by a well reasoned order of the Com-
G missioner dated 9.11.1989. We have gone through the order and we
finct that the Commissioner has given good reasons for rejecting the
recall of CJM for further cross-examination, as he had been cross-
examined by the counsel appearing on behalf of the Police officials
including Sharma. The Police Officers and the State Government and
CJM were represented by counsel before the Commissioner and every
H opportunity was afforded to them for cross-examining the witnesses.
JUDL. SERVICE ASSN. v. STATE OF GUJARAT. (SINGH, J.J 959

Dr. Jhala's evidence was not necessary, the Commissioner rightly
refused Sharma·s prayer. A

On behalf of the contemners it was urged that in the absence of
any independent testimony the Commission was not justified in
accepting interested version of the incident as given by the CJM with
regard to his visit to the Police Station and the incident which took B
place inside the Police Station. There was oath against oath and in the
absence of any independent , testimony the Commission was not
justified in accepting the sole.interested testimony of Patel, CJM. We
find no merit in this objection. The learned Commissioner has con-
sidered the evidence as well as the circumstances in support of his
findings that Patel had been invited by Sharma to visit the Police
Station and he had sent a Police jeep on which Patel went to the Police c
Station. This fact is supported by independent witnesses as discussed
by the Commissioner. If Pat\'l had gone on the invitation of Sharma on
Police jeep and not in the manner as alleged by Sharma, Patel could
not be drunk and there appears no reason as to why he would have
assaulted Sharma as alleged by the Police. The circumstances as D
pointed out by the Commissioner fully justify the findings recorded
against the Police Officers. It is settled law that even in a criminal trial.
accused is convicted on circumstantial evidence in the absence of an
eye witness, Learned Commissioner acted judicially in a. fair and
objective manner in holding the inquiry, he afforded opportunity to
the affected Police Officers and other persons and submitted his E
Report based on good reasons in respect of his findings which are
amply supported by the material on record . The Commissioner did a
commendable job in a record time. After hearing arguments at length
.. and on perusal of the statements recorded by the Commissioner and
.the documentary evidence submitted by the parties, and a careful
scrutiny of the affidavits and objections filed in this. Court, we find no F
valid ground to reject the well-reasoned findings recorded by the
learned Commissioner. The Commissioner's Report runs into 140
pages, which is on record. The contemners and other respondents have
failed to place any convincing material before the Court to take a
different view. We accordingly accept the same.
G
"" After hearing learned counsel for the parties and on perusal of
the affidavits, objections, applications and the Report of the Commis-
sioner, we hold that the following facts and circumstances are fully
proved:

( 1) N .L. Patel, Chief Judicial Magistrate found that the Police of H
960 SUPREME COURT REPORTS [1991) 3 S.C.R.

N adiad was not effective in service of summons and it had adopted an
A
attitude of indifference to court orders. He tried to obtain the assis-
tance of the District Superintendent of Police in February, 1989 and
addressed a letter to the Director General of Police but no response ...
came from the Police Authorities, even though the Government had
reminded D.K. Dhagal, D.S.P., Kheda to do the needful. Patel, the
B CJM filed two complaints against Police Officers of Nadiad Police
Station and the Inspectors, and forwarded it to the District Superin-
tendent of Police on 19th and 24th July, 1989 for taking action against
them. Sharma, the Police Inspector who had by then been posted at
Nadiad reacted to the CJM's conduct by withdrawing constables work-
ing in the courts of Magistrates on the alleged pretext of utilising their
services for service of summons. This led to confrontation between the
c local Police and the Magistracy commenced.

(2} On 25th July, 1989, the CJM had directed the registration of
a case against 14 accused persons for misbehaviour and causing
obstruction in the judicial proceedings. Since the accused persons had
D later expressed regret and tendered unqualified apology to the court,
the CJM sent a letter to the Police Inspector, Sharma to drop proceed-
ings. Sharma went out of his way, to send a complaint to the High
Court through the D.S.P. saying that Patel was functioning in an
illegal manner in the judicial discharge of his duties. The action of
Sharma, Police Inspector was highly irresponsible and Dhagal, D.S.P.
"
E should not have acted in a casual manner in forwarding Sharma's letter
to the Registrarof the High Court directly.

(3) Remand period of Jitu Sport was to expire on 27th Septem-
ber, 1989, the CJM directed the Police Inspector to produce complete
papers before the expiry of the period of remand but he applied for the
•
F extension of the judicial remand. , The CJM directed the Police
Inspector to produce papers on 22.9.1989, Sharma did not appear
before the CJM as directed, on the contrary he interpolated the order,
sent to him indicating that he was required to appear before the CJM
on 23.9.1989, which was admittedly a holiday.

G (4) On 25th September, 1989, Sharma met the CJM in his
Chamber and as a pretext requested him to come to the Police Station ...
to see the papers which could not be brought to the Court, as that
could satisfy him that the Police was doing the needful for complying
with the orders of the Court. Sharma pleaded with CJM that his visit to
Police Station .will remove the feeling of confrontation between the
H Police and Magistracy. The CJM agreed to visit the Police Station and
JUDL. SERVICE ASSN. v. STATE OF GUJARAT (SINGH, J.l 961

Sharma offered to send police jeep to CJ M's house for bringing him to
A
the Police Station.

..... ;. (5) On 25.9.89 after the Court hours the CJM went to the offi-
cers' club where he remained in th'e company of Sudhalkar. District
Judge and Pande, Civil Judge till 8.30 p.m. Thereafter, he went to his
residence. A Police jeep came to his residence at about 8.40 p.m. in B
the Officers Colony, he went on that Police jeep to the Police Station
situated at a distance of about 2 kms. Patel had not consumed liquor
before he went to the Police Station.

(6) The Police version that Patel had consumed liquor before
coming to the Police Station and that he assaulted the Police Inspector C
Sharma and misbehaved with him at the Police Station is a cooked up
story. Patel did not go to the Police Station on foot as alleged by
Sharma, instead, he went to the Police Station in a Police jeep on
Sharma's invitation. Patel was handcuffed and tied with rope, and he
received injuries at the Police Station, he was assaulted and forced to
consume liquor after he was tied to the chair on which he was sitting. D
Police Inspector Sharma, Sub-Inspector Sadia, Head Constable
Valjibhai Kalabhai and Constable Pratap Singh took active part in this
., episode. They actively participated in the assualt on Patel and in forc-
ing liquor in his mouth. They acted in collusion with Sharma to
humiliate and teach a lesson to Patel.
E
(7) On the direction of Sharma, Police Inspector, Patel was
handcuffed at the Police Station and he was further tied up with a thick
rope by the Police Inspector, Sharma, Sadia, Sub-Inspector, Valjibhai
Kalabhai, Head Constable and Pratap Singh, Constable. This was
deliberately done in defiance of Police Regulations and Circulars
issued by the Gujarat Government and the law declared by this Court F
in Prem Shankar Shukla v. Delhi Administration., [1980] 3 SCC 526.
Patel had not committed any offence nor he was violent and yet he was
handcuffed and tied up with rope without there being any justification
for the same. There were seven police personnel present at the Police
Station and most of them were fully armed while Patel was empty
handed, there was absolutely no chance of Patel escaping from the G
custody or making any attempt to commit suicide or attacking the
Police Officers and y.et he was handcuffed and tied up with a thick rope
like an animal with a view to humiliate and teach him a lesson. For this
wanton act there was absolutely no· justification and pleas raised by
Sharma that Patel was violent or that he would have escaped from the
custody are figment of imagination made for the purpose of the case. H
962 SUPREME COURT REPORTS [1991] 3 S.C.R.

(8) The panchnama showing the drunken state of Patel prepared
A
on the dictation of Sharma, Police Inspector, and signed by Sharma as
well as by twopanches, M.B. Savant, Mamlatdar and P.O. Baro!, Fire
Brigade Officer, Nadiad, did not represent the correct facts, instead;it
was manufactured for the purpose of preparing a false case against
CJM Patel, justifying his arrest and detention.
B
(9) On examination at the Civil Hospital Patel's body was found
to have a number of injuries. The injury on the left eye was very clear
which appeared to have been 'caused by external force. His body had
bruises and abrasions which could be caused by fists and blows. While
in the casualty ward of the Civil Hospital, Patel requested the Doctors
tci contact the District Judge and inform him about the incident. Dr.
c Parashar tried to ring up the District Judge but he was prevented from
doing so by Sharma and other Police Officers who were present there.
Dr. Parashar .and Dr. Bhavsar found the speech of Patel normal, gait
steady, he was neither violent, nor he misbehaved. His blood was
taken for chemical examination but the·Forms used were not according
D to the rules and the blood was not taken in accordance with procedure
prescribed by the Rules and the Circulars issued by the Director, of
Medical Services, Gujarat. The chemical examination of the blood
sample taken in the Civil Hospital was not correctly done. The blood
sample was analysed by a teenager who was not a testing officer within
.
, the Bombay Prohibition Act and necessary precautions at the time of
E analysis were not taken. The phial in which the blood sample had been
sent to the Chemical Examiner did not contain the seal on phial and
the seal was not fully legible. The Chemical Examiner who submitted
the report holding that the blood sample of Patel contained alcohol on
the basis of the calculation made by him in the report clearly admitted
before the c.ommission that he had never determined the quantity of
F liquor by making calculation in any other case and Patel's case was his
first case.

( 10) When Patel was taken to Civil Hospital handcuffed and tied
with thick rope he was deliberately made to si't.outside in the Varanda
on bench for half an hour in public gaze, to enable the public to have a
G full view of the CJM in that condition. A Press photographer was
brought on the scene and the Policemen posed with Patel for the press
photograph. The photographs were taken by the Press Reporter with-
out any objection by the Police, although a belated justification was
/
J
..
_
..J

pleaded by the Police that Patel desired to have himself photographed
in that condition. This plea is totally false. The photographs taken by
H the Press Reporter were published in 'Jan Satta' and 'Lokmat' on 26th

r
JUDI.. SERVICE ASSN. v. STATE OF GUJARAT [SINGH, J.] 963

September, 1989 showing Patel handcuffing and tied with rope and the
A
Policemen standing beside him. This was deliberately arranged by
Sharma to show to the public that Police weilded real power and if the
CJM took confrontation with Police he will not be spared.

( 11) At the initial stage, one case was registered against Patel by
the Police under the' Bombay Prohibition Act. Two Advocates B
Kantawala and Brahmbhatt met Sharma at 11.30 p.m. for securing
Patel's release on bail, as offences under the Prohibition Act were
bailable. The lawyers requested Sharma to allow them to meet the
CJM who was in the police lock-up but Sharma did not allow them to
do so. With a view to frustrate lawyers' attempt to get Patel released
., on bail, Sharma registered another case against Patel under Sections
332 and 506 of Indian Penal Code as offence under Section 332 is
c
non-bailable.

(12) D.K. Dhagal, the then District Superintendent of Police,
Kheda exhibited total indifference to CJM's complaint regarding the
unsatisfactory state of affairs in the matter of execution of court pro- D
cesses. Dhagal identified himself with Sharma, Police Inspector who
appeared to b.e his favourite. Instead of taking corre,ctive measures in
the service of processes, he bec~me party along with Sharma in for-
warding his complaint to the High Court against Patel's order in a
judicial matter. The incident which took place in the night of 25/26
September 1989, had the blessing of ·Dhagal. He did not take any , E
immediate action in the matter instead he created an alibi for himself
alleging that he had gone to Lasundara and then to Balasinor Police
Station and stayed there in a Government Rest House. The register at
the Rest House 'indicating the entry regarding his stay was manipu-
lated subsequently by making interpolation. On the direction of Addi-
tional Chief Secretary (Home) Dhagal submitted his report on F
27.9.1989 but in that report he did not make any reference of handcuf-
fing and roping of the CJM although it was a matter of comrron
knowledge and there was a great resentment among the judicial offi-
cers and the local public. Dhagal's complicity in the sordid episode is
further fortified by the fact that he permitted Sharma, the main culprit
of the entire episode to carry on investigation against Patel in the case G
registered against him by Sharma and also in the case registered by
Patel against Sharma.

( 13) Police Inspector Sharma had. pre-planned the entire inci-
dent and he had even arranged witnesses in advance for preparing false
case against N.L. Patel, CJM, as M.B. Savant, Mamlatdar in the H
964 SUPREME COURT REPORTS [ 1991] 3 S.C.R.

Police Station, immediately on the arrival of Patel, CJM, and they
A
acted in complicity with Sharma in preparing the panchnam~ which
falsely stated that Patel was drunk. M.B. Sawant and P.O. Baro! both
were hand in glove with Sharma to flasely implicate Patel in Prohibi-
tion Case.

B Learned Commissioner has adversely commented upon the con-
duct of various officers including K. Dadabhoy,. the then Director
General 'of Police, Gujarat, Kuldip Singh Lowchab, CID Inspector,
Dr. Bhavsar, Senior Medical Officer, Nadiad, M.B. Savant, MamJat-
dar, P.O. Barot, Fire Brigade Officer and A.N. Patel, Chemical.
Examiner, Nadiad. After considering the material on record, we agree
with the view taken by the Commissioner that their conduct was not
c above board as expected from responsible officers. We do not consider ••
it necessary to burden the judgment by referring to the details of the
findings as the same are contained in the the Commissioner's Report.

Mr. Nariman contended on behalf of the 0 olice Officers that the
D findings recorded by the Commission cannot be •aken into account as
those findings are hit by Article 20(3) of the Corstitution. Inspector
Sharma and other Police Officers against whom c ·iminal cases have
been registered were compelled to be witnesses aga11st themselves by
j
filing affidavits and by subjecting them to cross examirntion before the
Commissioner. Any finding recorded on the basis of their evidence is
E violative of Article 20(3) of the Constitution. Article 20(3) of the
Constitution declares that no person accused of any offence shall be
compelled to be a witness against himself. In order to avail the protec-
tion of Article 20(3) three conditions must be satisfied. Firstly, the
person must be accused of an offence. Secondly, the element of com-
pulsion to be a witness should be there and thirdly it must he again,t
F himself. All the three ingredients must necessarily exist before protection
of Article 20(3) is available. If any of these ingredients do not exist,
Article 20(3) cannot be invoked see: Balkishan Devidayal v. State of
Maharshtra., (1980] 4 SCC 600. in the instant case this Court. had
issued notices for contempt to Sharma, Police inspector and other
contemners. Mere issue of notice or pendency of contempt proceed-
G ings do not attract Art. 20(3) of the Constitution as the contemner.s
against whom notices were issued were not accused of any offence. A
criminal contempt is punishable by the superior courts by fine or
imprisonment, but it has many characteristics which distinguishes it
from ordinary offence. An offence under the criminal jurisdiction is
tried by a Magistrate or a Judge and the procedure of trial is regulated
H by the Code of Criminal Procedure, I973 which provides as elaborate
JUDL. SERVICE ASSN. v. STATE OF GUJARAT [SINGH, J.) 965

procedure for framing of charges, recording of evidence, cross- A
examination, argument and the judgment. But charge of contempt is
tried on summary process without any fixed procedure as the court is
free to evolve its own procedure consistent with fair play and natural
justice. In contempt proceedings unlike the trial for a criminal offence
no oral evidence is ordinarily recorded and the usual practice is to give
evidence by affidavits. Under the English Law a criminal offence is B
tried by criminal courts with the aid of Jury but a criminal contempt is
tried by courts summarily without the aid and assistance of Jury. Ordi-
narily, process of trial for contempt is summary. A summary form of
trial is held in the case of civil contempt and also in the case of criminal
contempt where the act is committed in the actual view of the court or
by an officer of justice. The summary procedure is applicabl~
immemorial usage when criminal contempt was committed o
court by a stranger. The practice of proceeding summarily for tli
punishment of contempt out of court has been the subject of comment
and protest, but the practice is founded upon immemorial usage, it
has, since the eighteenth century, been generally assumed. We do not
consider it necessary to refer to decisions from English Courts which. D
have been discussed in detail in the History of Contempt of Couri· by
Fox JC 1927. Proceedings for contempt of Court are not taken in the
exercise of original criminal jurisdiction. Proceedings for contempt of
Court are of a peculiar nature; though it may be that in certain aspects
they are quasi criminal, but in any view they are-not exercised as part
of the original criminal jurisdiction of the Court, as was. held in re: E
Tushar Kanti Ghosh and Another. AIR 1935 Calcutta 419. The High
Court held that since the proceedings for contempt of Court do not fall
within the original criminal jurisdiction of the Court no leave could be
granted for appeal to Privy Council under Clause 41 of the Letters
Patent of that Court.
F
In Sukhdev Singh Sodhi v. The Chief Justice and Judges of the
PEPSU High Court, [1954] SCR 454. Sukhdev Singh Sodhi approa-
ched this Court for transfer of contempt proceedings from PEPSU
High Court to any other High Court under Section 527 of the Criminal
Procedure Code, 1898. This Court rejected the application holding
that Section 527 of the Criminal Procedure <;:ode did not apply to the G
contempt proceedings as the contempt jurisdiction is a special jurisdic-
tion which is inherent in all courts of record and the Cr. P.C. excludes
such a special jurisdiction from the Code. The Court further held that
notwithstanding the provisions contained in the Contempt of Courts
Act, 1926 making an offence of contempt, punishable, the Act does
not confer any jurisdiction or create the offence, it merely limits the H
966 SUPREME COURT REPORTS [1991] 3 S.C.R.

A amount of the punishment which could be awarded and it removes a
certain doubt. The jurisdiction to initiate the proceedings and take
seisin of the contempt is inherent in a court of record and the proce-
dures of the Criminal Procedure Code do not apply to contempt pro-
ceedings. Section 5 of the Code of Criminal Procedure lays down that
nothing contained in this Code shall, in the absence of a specific provi- ·
B sion to the contrary, affect any special or local law for the time being in
force, or any special jurisdiction or power conferred, or any special
form of procedure prescribed, by any other law for the time being in
force. The power to take proceedings for the contempt of Court is an
.. inherent power of a Court of record, the Criminal Procedure Code
does not apply to such proceedings. Since; the contempt proceedings
not in the nature of criminal proceedings for an offence, the
ency of contempt proceedings cannot· be regarded as criminal
eedings merely because it may end in imposing punishment on the
contemner. A contemner is not in the position of an accused, it i~open
to the Court to cross-examine the contemner and even if the
contemner is found to be guilty of contempt, the Court may accept
D apology and discharge the notice of contempt, whereas tendering of
apology is no defence to the trial of a criminal offence. This peculiar
feature distinguishes contempt proceedings from criminal proceed-
ings. In a criminal trial where a person is accused of an offence there is
a public prosecutor who prosecutes the case on behalf of the prsecu- I
tion against the accused but in contempt proceedings the court is both
E the accuser as well as the judge of the accusation as observed by
Hidayatullah, CJ in Debabrata Bandopadhyaya's, case AIR 1969 SC
189. Contempt proceeding is sui generis, it has peculiar features
which are not found in criminal proceedings. In this view the con-
temners do not stand in the position of a ··person accused of an
offence .. merely on account of issue of notice of contempt by this •.
F Court and the Commission which was acting on behalf of this Court
had full authority to reord the testimony of the contemners. Commis-
sion issued notice and directed Sharma. ·Police Inspector and other
Police Officials to place~rsion of the incident before it and there
was no element of compulsion. In this view there has been no violation
of Article 20(3) of the Constitution and Commission's findings are not
G vitiated.

Mr. F.S. Nariman contended that this Court has no jurisdiction
or power to indict the Police Officers even if they are found to be
guilty as their conduct does not amount to contempt of this Court. He
urged that Article 129 and 215 demarcate the respective areas of
H jurisdiction of the Superme Court and the High Courts respectively.
JUDL. SERVICE ASSN. v. STATE OF GUJARAT [SINGH, J.l 967

This Court's Jurisdiction under Article 129 is confined to the contempt A
of itself only and it has no jurisdiction to intict a person for contempt
of an inferior court subordinate to the High Court. The Parliament in
exercise of its legislative power under Entry 77 of List I read with
Entry 14 of List III has enacted Contempt of Courts Act 1971 (herein-
after referred to as the 'Act') and that Act does not confer any jurisdic-
tion on this Court for taking action for contempt of subordinate courts. B
Instead the original jurisdiction of High Couttsin respect of contempt
of subordinate courts is specificially preserved by Sections 11 and 15(2)
of the Act. The Supreme Court has only appellate powers under
Section 19 of the Act read w;th Articles 134(l)(c) and 136 of the
Constitution. The Constitutional and statutory provi:;ions con fr r
exclusive. power on the High Court for taking action with regarvy -
contempt of inferior or subordinate court, and the Supreme Cou~0f · C
no jurisdiction in the matter. Shri Nariman further urged that in 'Ol\,_/
country there is no court of universal jurisdiction, and the jurisdiction
of all courts including Supreme Court is limited and this Court can not
enlarge its jurisdiction. Shri Soli J. Sorabji learned Attorney General
(as he then was) urged that power to punish contempt is a special D
jurisdiction which is inherent in a court of record. A superior court of
record has inherent power to punish for contempt of itself and it neces-
sarily includes and carries with it the power to punish for contempt
l committed in respec,t of subordinate or inferior courts. A superior
court of record having power to correct the order of inferior court has
power to protect that court by punishing those who interfere with the E
due administration of justice of the court. Articles 129 and 215 do not
confer any additional jurisdiction on the Supreme Court and the High
Court. The constitutional provisions as well as the legislative enact-
ment "'The Contempt of Courts Act" recognise and preserve the exist-
ing contempt jurisdiction and power of the court of record for punish-
ing for contempt of subordinate or inferior courts. The Act has not F
affected or restricted the suo moto lnherent·power of the Supreme
Court being a court of record which has received constitutional sanc-
tion under Article 129. Mr. Sorabji further urged that even otherwise
the Act does not restrict or affect the suo moto exercise of power by
the Supreme Court as a court of record in view of Section 15( 1) of the
Act. The Supreme Court as the Apex Court is the protector and guar- G
dian of justice throughout the land, therefore, it has a right and also a
• duty to protect the courts whose orders an~ judgments are amenable
to correction, form commission of contempt against them. This right
and duty of the Apex Court is not abrogated merely because the High
Court also h:ji; this right and duty of protection of the subordinate
courts. The jurisdictions are concurrent and not exclusive or antagonistic. H
968 SUPREME COURT REPORTS [ 1991) 3 S.C.R.

The rival contentions raise the basic question whether the
A

-
Supreme Court has inherent jurisdiction or power to punish for
contempt of subordinate or inferior courts under Article 129 of the
Constitution and whether the inherent jurisdiction and power of this '
Court is restricted by the Act. The answer to the first question depends
upon the nature and the scope of the power of this Court' as a court of
B record, in the background of the original and appellate jurisdiction
. exercised by this Court under the various provisions of the Constitu-
tion. It is necessary to have a look at the constitutional provisions
relating to the original and appellate jurisdiction of this Court. Article
124 lays down that there shall be a Supreme Court of India consisting
of Chief Justice of India.and other Judges. Article 32 confers original
C jurisdiction on this Court for enforcement of fundamental rights of the
citizens. This jurisdiction can be invoked by an aggrieved person even
without exhausting his remedy before other courts. Article 129 pro-
vides that the Supreme Court shall be a court of record and shall have
all the powers of such a court including the power to punish for con-
tempt of itself. Article 131 confers original jurisdiction on the Supreme
D Court in certain matters. Article 132 confers appellate jurisdiction on
this Court against any judgment, decree or final order of the High
Courts in India. Articles 133, 134 and 134A confer appellate jurisdic-
tion in the Supreme Court in appeals from High Courts in regard to
ci vii and criminal matters respectively on certificate to be issued by the
High Court. Article 136 provides for special leave to appeal before the
E Supreme Court, notwithstanding the provisions of Articles 132, 133,
134 and 134A. Article 136 vests this Court with wide powers to grant
special leave to appeal from any judgment, decree determination sen-
tence or order in any cause or matter passed or made by any court or
tribunal in che territory of India except a court or Tribunal constituted
by or under any law relating to the Armed Forces. The Court's appel-
.f late power under Article 136 is plenary, it may entertain any appe,al by
granting special leave against any orcJer made by any Magistrate. Tri-
bunal or any other subordinate court. The width and amplitude of the
power is not affected by the practice and procedure followed by this
Court in insisting that before invoking the jurisdiction of this Court
under Article 136 of the Constitution, the aggrieved party must
G exhaust remedy available under the law before the appellate authority
or the High Court. Self imposed restrictions by this Court do not divest
it of its wide powers to entertain any appeal, against any order or
judgment passed by any court or Tribunal ln the country without
exhausting alternative remedy before the appellate authority or the
High Court. The power of this Court under Article 136:1s unaffected
H by Article 132'. 133, 134 and 134(A) in view of the expression
JUDL. SERVICE ASSN. v. STATE OF GUJARAT [SINGH, J.I 969

"notwithstanding anything in this Chapter" occurring in Article 136.
A
This Court considered the scope and amplitude of plenary power
under Article 136 of the Constitution in Durga Shankar Mehta v.
Thakur Raghuraj Singh & Ors., [1955] 1 SCR 267. Mukherjee, J.
speaking for the Court observed:
B
"The powers given by Article 136 of the Constitution how-
ever are in the nature of special or residuary powers which
are exercisable outside the purview of ordinary law, in
cases where the needs of justice demand interference by
the Supreme Court of the land. The article itself is worded
... in the widest terms possible. It vests in the Supreme Court
a plenary jurisdiction in the matter of entertaining and C
hearing appeals, by granting of special leave, against any
kind of judgment or order made by a court or Tribunal in
any cause or matter and the powers could be exercised in
spite of the specific provisions for appeal contained in the
Constitution or other laws. The Constitution for the best of · D
reasons did not choose to fetter or circumscribe the powers
exercisable under this Article in any way."

In Arunachalam v. P.S.R. Sadhanantham & Anr., [1979] 2 SCC
297 this Court entertained an appeal under Article 136 of the Constitu-
tion of India by special leave at the instance of a complainant against E
the .iudgment and the order of acquittal in a murder case and on
appraisal of evidence, it set aside the order of acquittal. Objections
raised on behalf of the accused relating to the maintainability of the
special leave petition under Article 136 of the Constitution, was
>
rejected. Chinnappa Reddy, J. speaking for the Court held as under:
F
"Article 136 of the Constitution of India invests the
Supreme Court with a plentitude of. plenary, appellate
power over all courts and Tribunals in India. The power is
plenary in the sense that there are no words in Article 136
itself qi:ialifying that power. But, the very nature of the
powh has led the court to set limits to itself within which to G
.... exercise such power. It is now the well established practice
of this Court tci permit the invocation of the power under
Article 136 only in very exceptional circumstances, as when
a question of law of general public importance arises or a
decision shocks the conscience of the Court. But, within
the restrictions imposed by itself, this Court has the H
970 SUPREME COURT REPORTS [1991] 3 S.C.R.

undoubted power to interfere even with findings of fact,
A
making no distinction between judgments of acquittal and
conviction, if the High Court, in arriving at those findings,
has acted "perversely or otherwise improperly"."

With regard to the competence of a private party, distinguished from
B. the State, to invoke the jurisdiction of this Court under Article 136 of
the Constitution, the Court observed:

"Appellate power vested in the Supreme Court under Arti-
cle 136 of the Constitution is not to be confused with ordi-
nary appellate power exercised by appellate courts and
appellate tribunals under specific statutes. As we said ,.
c earlier, it is a plenary power, 'exercisable outside the
purview of ordinary law' to meet the pressing demands of
justice ( vide Durga Shankar Mehta v. Thakur Raghuraj
Singh,). Article 136 of the Constitution neither confers on
anyone the right to invoke the jurisdiction of the Supreme
D Court nodnhibits anyone from invoking the Court's juris-
diction. The power is vested in the Supreme Court but the
right to invoke the Court's'jurisdiction is vested in no one.
The exercise of the power of the Supreme Court is not j
circumscribed by any limitaiion as to who may invoke it."

E There is therefore no r?om for any doubt that this Court has
wide power to interfere and correct the Judgment and orders passed by
any court or Tribunal in the country. In addition to the appellate
power, the Court has special residuary power to entertain appeal
against any order of any court in the country. The plenary jurisdiction
of this Court to grant leave and hear appeals against any order of a
F court or Tribunal, confers power of judicial superintendence over all
. the courts and Tribunals in the territory of India including subordinate
·courts of Magistrate and District Judge. This Court has, therefore,
supervisory jurisdiction over all courts in India.

Article 129 provides that the Supreme Court shall be a court of
G record and shall have all the powers of such a court including the
power to punish for contempt of itself. Article 215 contains similar
provision in respect of High Court. Both the Supreme Court as well as
High Courts are courts of record having powers to punish for contempt
including the power to punish for contempt of itself. The Constitution
does not define "Court of Record", This expression is well recognised
H in jurisdical world. In Jowitt's Dictionary of English Law, "Court of
Record" is defined as:
JUDL. SERVICE ASSN. v. STATE OF GUJARAT (SINGH, J.l 971

"A court whereof the acts and judicial proceedings are A
enrolled for a perpetual memorial and testimony,, and
which has power to fine and imprison for contempt of its
authority i'

Jn Wharton's Law Lexicon, Court of Record is defined as:
B
"Courts are either of record where their acts and judicial
proceedings are enrolled for a perpetual memorial and
testimony and they have power to fine and imprison; or not
of record being courts of inferior dignity, and in a· less
proper sense the King's Courts-and these are not
.... entrusted by law with any power to fine or imprison the
c
subject of the realm, unless by the express provision of
some Act of Parliament. These proceedings are not enrol-
led or recorded."

In Words and Phrases (Permanent Edition) Vol. 10 page 429, "Court
of Record" is defined as under: D

"Court of Record is a court where acts and judicial pro-
ceedings are enrolled.in parchment for a perpetual memo-
rial and testimony, which rolls are called the "record" of
the court, and are of such high and supereminent authority
that their truth is not to be questioned." E

Halsbury's Laws of England Vol. 10 page 319, states:

"Another manner of division is into courts of record and
courts not of record. Certain lourts are exPressly declared
by statute to be courts of record. In the case of courts not F
expressly declared to be courts of record, the answer to the
question whether a court is a court of record seems to
depend in general upon whether it has power to fine or
imprison, by statute or otherwise, for contempt of itself or
other substantive offences; if it has such power, it seems·
that it is a court of record ........ proceedings of a Court G
of record preserved in its .archives are called records. and
are conclusive evidence of that which is recorded therein.··

In England a superior court of record has been exercised power
to indict a person for the contempt of its authority and also for the
contempt of its subordinate and inferior courts in a summary manner H
972 SUPREME COURT REPORTS [1991] 3 S.C.R.

without the aid and assistance of Jury. This power was conceded as a
A
necessary attribute of a superior court of record under Anglo Saxon
System of Jurisprudence. The concept of inherent power of the
superior court of record to indict a person by summary procedure was
considered in detail in Rex v. Almon, 97 ER 94 commonly known as
A/man's case. In that case King's Bench initiated proceedings for con-
B tempt against John Almon, a book-seller for publishing a libel on the
Chief Justice, Lord Mansfied. On behalf of the contemner objection
was taken to the summary procedure followed by the Court. After
lengthy arguments judgment was prepared by Chief Justice Wilmot
holding that a libel on a Judge was punishable by the process of attach-
ment without the intervention of a Jury, as the summary form of
procedure was founded .upon immemorial usage. The judgment pre-
c pared with great learning and erudition could not be delivered as the
proceedings were dropped following the change of Government. After
long interval Wilmot's judgment was published in 1802. The judgment
proceeded on the assumption that the superior Common Law Courts
did have the power to indict a pe1son for contempt of court, by follow-
•D ing a summary procedure on the principle that this power was 'a neces-
sary incident to every court of justice'. Undelivered judgment of
Wilmot, J. has been subject of great controversy in England and Sir
John Fox has severely criticised A/man's case, in his celebrated book
"The History of Contempt of Court', The Form of Trial and Mode of
Punishment: In spite of serious criticism of the judgment of Wilmot, J.
E the opinion expressed by him has all along been followed by the Eng-
lish and Commonwealth Courts. In Rainy v. The Justices of Seirra
Leone, 8 Moors PC 47 at 54 on an application for leave to appeal
against the order of the Court of Seirra Leone for contempt of court,
the Privy Council upheld the order on the ground that the court of
Seirra Leone being a Court of Record was the sole and exclusive judge
F of what amounted to contempt ofcourt.

In India, the courts have followed the English practice in holding
th.at a court of record has power of summarily punishing contempt of
itself as well as of subordinate courts. In Surendra Nath Banerjee v.
The Chief Justice and Judges of the High Court at Fort William in
G Bengal, !LR 10 Calcutta 109 the High Court of Calcutta in 1883 con-
victed Surendra Nath Banerjee, who was Editor and Proprietor of
Weekly newsp,aper for contempt of court and sentenced him to impris-
onment for two months for publishing libel reflecting upon a Judge in
-
his judicial capacity. On appeal the Privy Council upheld the order of
the High Court and observed that the High Courts in Indian Pres-
H idencies were superior courts of record, and ,the powers of the High
JUDL. SERVICE ASSN. v. STATE OF GUJARAT [SINGH, J.l 973

Cou.rt as superior courts in India are the same as in England. The Privy A
Council further held that by common law every court of record was the
sole and exclusive judge of what amounts to a contempt of court. In
Sukhdev Singh Sodhi's case this Court considered the origin, history
and development of the concept of inherent jurisdiction of a court of
record in India. The Court after considering Privy Council and High
Courts decisions held that the High Court being a court of record has B
inherent power to punish for contempt of subordinate courts. The
Court further held that even after the codification of the law of con-
tempt in India the High Court's jurisdiction as a court of record to
initiate proceedings and take seisin of the matter remained uneffected
by the Contempt of Courts Act, 1926.

Mr. Nariman contended that even if the Supreme Court is a
c
court of record, it has no power to take action for the contempt of a
Chief Judicial Magistrate's court as neither the Constitution nor any
statutory provision confer any such jurisdiction or power on this
Court. He further urged that so far as the High Court is concerned, it
has power of judicial and administrative superintendence over the D
subordinate courts and further Section 15 of the Act expressly confers
power of the High Court to take action for the contempt of subordi-
nate courts. This Court being a court of record has limited jurisdiction
to take action for contempt of itself under Article 129 of the Constitu-
tion, it has no jurisdiction to indict a person for the contempt of
subordinate or inferior courts. E

The question whether in the absence of any express provision a
Court of Record has inherent power in respect of contempt of subordi-
, nate or inferior courts, has been considered by English and Indian
Courts. We would briefly refer to some of those decisions. In the
leading:,case of Rex v. Parke, [1903) 2 K.B. 432 at 442. Wills, J. F
observed:

"This Court exercises a vigilant watch over the proceedings
of inferior courts and succes.sfully prevents them from
usurping powers which they do not possess, or otherwise
acting contrary to law. It would seem almost a natural G
corollary that it should possess correlative powers of guard'
ing them against unlawful attacks and interferences with
their independence on the part of others."

In King v. Davies, [1906) l K.B. 32. Wills, J. further held that the
Kings Bench being a court of record must protect the inferior courts H
974 SUPREME COURT REPORTS [1991] 3 S.C.R.

from unauthorised interference, and this could only be secured by
A
action of the Kings Bench as the inferior courts have no power to
proted themselves and for that purpose this power is vested in
superior court of record. Since the Kings Bench is the custos morum of
the kingdom it must apply to it with the necessary adaptations to the
.altered circumstances of the present day to uphold the independence
B of the judiciary. The principle laid down in .Rex v. Davies, was
followed in King v. Editor of the Daily Mail, [ 1921] 2 KB 733 where
it was held that the High Court as a court of record has inherent
jurisdiction to punish for contempt of a court martial which was an
inferior court. Avary, J. observed:

"The result of that judgment (Rex v. Davies) is to show
that wherever this Court has power to correct an inferior
court, it also has power to protect that court by punishing
those who interfere with Due administration of justice in
their court."

D In Attorney-General v. B.B.C., [ 1980] 3 ALR 161 the House of Lords
proceeded on the assumption that a court of record possesses protec-
tive jurisdiction to indict a person for interference with the administra-
tion of justice in the inferior courts but it refused to indict as it held
that this protection is available to a court exercising judicial power of
the State and not to a Tribunal even though the same may be inferior
-E to the court of record. These authorities show that in England the
power of the High Court to deal with the contempt of inferior court
was based not so much on .its historiCal foundation but on the High
Court's inherent jurisdiction being a court of record having jurisdic-
tion to correct the orders of those courts.

F In India prior to the enactment of the Contempt of Courts Act,
1926, High Court's jurisdiction in respect of contempt of subordinate
and inferior courts was regulated by the principles of Common Law of
England. The High Courts in the absence of statutory provision exer-
cised power of contempt to protect the subordinate courts on the pre-
mise of inherent power of a Court of Record. Madras High Court in
G · the case of Venkat Rao, 21 Madras Law Journal 832 held that it being a
court of record had the power to deal with the contempt of subordinate
courts. The Bombay High Court in Mohandas Karam Chand
Gandhi's, [ 1920] 22 Bombay Law Reporter 368 case he.Id that the High
Court possessed the same powers to punish the contempt of subordi-
nate courts as the Court of the King's Bench Division had by virtue of
H the Common Law of England. Similar view was expressed by the
JUDL. SERVICE ASSN. v. STATE OF GUJARAT [SINGH, J.] 975

Allahabad High Court ·in Abdul Hassan Jauhar's, case AIR 1926
A
Allahabad 623 and Shantha Nand Cir v. Basudevanand., AIR 19Jll
Allahabad 225 (FB). In Abdul Hassan Jauhar's case (supra) a Full Bench
of the Allahabad High Court after considering the question in detail held:

"The High Court as a court of record and as the protector
of public justice through out its jurisdiction has power to B
dCal with contempts directed against the administration of
justice, whether those contempts are committed in face of
the court or outside it, and independently or whether the
particular court is sitting or not sitting, and whether those
contempts relate to proceedings directly concerning itself or
whether they relate to proceedings concerning an inferior
court, and in the latter case whether those proceedings c
might or might not at some stage come before the High
Court. 1 '
.
Similar view was taken by the Nagpur and Lahore High Courts in Mt.
Hirabai v. Mangal Chand, AIR 1935 Nagpur 16; Harkishan Lal v. D
Emperor, AIR 1937 Lahore 197 and the Oudh Chief Court took the
same view in Mohammad Yusuf v. Imtiaz Ahmad Khan., AIR 1939
Oudh 131. But, the Calcutta High Court took a contrary view in Legal
Remembrancer v. Motilal Ghosh, !LR 41 Cal. 173 holding that there
was no such inherent power with the High Court.
E
Judicial conflict with regard to High Court's power with regard
to the contempt of subordinate court was set at rest by the Contempt ·
of Courts Act 1926. The Act resolved the doubt by recognising to the
power of High Courts in regard to contempt of subordinate courts, by
enacting Section 2 which expressly stated that the High Courts will
continue to have jurisdiction and power with regard to contempt of F
subordinate courts as they exercised with regard to their own con·
tempt. Thus the Act reiterated and recognised the High Court's power
as a court of record for taking action for contempt of courts subordi-
nate to them. The only exception to this power was made in sub-
section (3) of Section 2 which provided that no High Court shall take
cognizance of a contempt alleged to have been committed in respect of G
""" a court subordinate to it where such contempt is an offence punishable
under the Indian Penal Code. Section 3 of the Act restricted the
punishment which could be passed by the High Court. Since doubt was
raised whether the High Court as a court of record could punish con-
tempt of itself and of courts subordinate to it if contempt was commit-
ted outside its territorial jurisdiction, the Parliament enacted the Con- H
976 SUPREME COURT REPORTS [1991] 3 S. C.R.

•empt of Courts Act 1952 removing the doubt. Section 3 of the 1952
A
Act again reitented and reaffirmed the power, authority and jurisdic-
tion of the High Court in respect of contempt of courts subordinate to
it. as it existed prior to the enactment. It provided that every High
Court shall have and exercise the same jurisdiction, power and autho-
nty, in accordance with the same procedure and practice in respect of
B contempt of courts subordinate to it as it has and exercise in respect of
contempt of itself. Section 5 further expanded the jurisdiction of the
High Court for indicting a person in respect of contempt committed
outside the local limits of its jurisdiction. The Parliamentary legisla-
tion did not confer any new or fresh power or jurisdiction on the High
Courts in respect of contempt of courts subordinate to it, instead it
reaffirmed the inherent power of a Court of Record, having same
c jurisdiction, power and authority as it has been exercising prior to the
enactments. The effect of these statutory provisions was considered by
this Court in Sukhdev Singh Sodhi's case, and the Court held that
contempt jurisdiction was a special one inherent in the very nature of a
court of record and that jurisdiction and power remained unaffected
D even after the enactment of 1926 Act as it did not confer any new
jurisdiction or create any offence, it merely limited the amount of
punishment which could be awarded to a contemner. The jurisdiction
of the High Court to initiate proceedings or taking action for contempt
of its subordinate courts remained as it was prior to the· 1926 Act. In
R. L. Kapur v. State of Tamil Nadu, AIR 1972 SC 858 the Court again
E emphasised that in view of Article 215 of the Constitution, the High
Court as a court of record possesses inherent power and jurisdiction,
which is a special one, not arising or derived from Contempt of Courtc
Act and the provisions of Section 3 of 1926 Act, do not affect that
power or confer a new power- or jurisdiction. The Court further held
that in view of Article 215 of the Constitution, no law made by a
F Legislature could take away the Jurisdiction conferred on the High
Court nor it could confer it afresh by virtue of its own authority.

The English and the Indian authorities are based on the basic
foundation of inherent power of a Court of Record, having jurisdiction

G
to correct the judicial orders of subordinate courts. The Kings Bench
in England and High Courts in India being superior Court of Record
-.
and having judicial power to correct orders of subordinate courts
enjoyed the inherent power of contempt to protect the subordinate
courts. The Supreme Court being a Court of Record under Article 129
and having wide power of judicial supervision over all the courts in the
country., must possess and exercise similar jurisdiction and power as
H the High Courts had prior to Contempt Legislation in I926. Inherent
JUDL. SERVICE ASSN. v. STATE OF GUJARAT (SINGH, J.] 977

powers of a superior Court of Record have remained unaffected even A
after Codification of Contempt Law. The Contempt of Courts Act
1971 was enacted to define and limit the powers of courts in punishing
°'" contempts of courts and to regulate their procedure in relation
thereto. Section 2 of the Act defines contempt of court including crimi-
nal contempt. Sections 5, 6, 7, 8, and 9 specify matters which do not
amount to contempt and the defence which may be taken. Section lU B
which relates to the power of High Court to punish for contempt of
,ubordinate courts. Section 10 like Section 2 of 1926 Act and Section 3
of 1952 Act reiterates and reaffirms the jurisdiction and power of a
High Court in respect of its own contempt and of subordinate courts.
The Act does not confer any new jurisdiction instead it reaffirms the
41 High Courts power and jurisdiction for taking action for the contempt C
of itself as well as of its subordinate courts. We have scanned the
provisions of the 1971 Act, but we find no provision therein curtailing
the Supreme Court's power with regard to contempt of subordinate
courts, Section 15 on the other hand expressly refers to this Court's
power for taking action for contempt of subordinate courts. Mr. Nari-
man contended that under Section 15 Parliament has exclusively con- D
ferred power on the High Court to punish for the contempt of subordi-
nate courts. The legislative intent being clear, this Court has no power
under its inherent jurisdiction or as a court of record under Article 129
of the Constitution with regard to contempt of subordinate courts.
Section 15 of the Act reads as under:
E
"15. Cognizance of criminal contempt in other cases-(1)
In the case of a criminal contempt, other than a contempt
referred to in Section 14, the Supreme Court or the High
Court may take action on its own motion or a motion made
by-
F
(a) the Advocate-General, or

(b) any other person, with the 'consent in writing of
the Advocate-General (or)

(c) in relation to the High Court for the Union Ter- G
ritory of Delhi, such Law Officer as the Central Govern-
ment may by notification in the official Gazette, specify in
this behalf or any other person, with the consent in writing
of such Law Officer.

(2) In the case of any criJ11inal contempt of subordinate H
978 SUPREME COURT REPORTS [1991) 3 S.C.R.
'

court, the High Court may take action on a reference made
A
to it by the subordinate Court or on a motion made by the
Advocate-General or, in', relation to a Union Territory, by
such Law Officer as the Central Government may, by noti- ~
fication in the official Gazette, specify in this behalf.

B (3) Every motion or reference .made under this section
shall specify the contempt of which the person charged is
alleged to be guilty.

Explanation-In this section, the expression "Advocate-
General" means-
c (a) in relation to the Supreme Court, the Attorney-
General or the Solicitor General;

(b) in relation to the High Court, the Advocate-
General of the State or any of the States for which the High
D Court has been established;

(c) in relation to the Court of a Judicial Commis-
sioner, such Law Officer as the Central Government may,
by notification in the official Gazette, specify in this behalf.

E Under sub-section (1) the Supreme Court and High Court both
..
have power to take cognizance of criminal contempt and it provides
three modes for taking cognizance. The Supreme Court and the High
Court both may take cognizance ,on its own motion or on the motion
made by the Advocate-General or any other person with the consent
in writing of the Advocate-General. Sub-section (2) provides that in
I' case of any criminal contempt of subordinate court, the High Court
may take action on a reference made to it by the subordinate court or
on a motion made by the Advocate-General, and in, relation to a
Union Territory, on a motion made by any officer as may be specified
by the Government. Thus Section 15 prescribes modes for taking
cognizance of criminal contempt by the High Court and Supreme
G Court, it is not a substantive provision conferring power or jurisdiction
on the High Court or on the Supreme Court for taking action for the
contempt of its subordinate courts. The. whole object of prescribing
procedural modes of taking cognizance in Section 15 is to safeguard
the valuable time of the High Court and the Supreme Court being
wasted by frivolous complaints of contempt of court. Section 15(2)
H does not restrict the power of th7 High Court to take cognizance of the
JUDL. SERVICE ASSN. v. STATE OF GUJARAT [SINGH, J.J 979

contempt of itself or of a subordinate court on its own motion although A
apparently the Section does not say so. ln S.K. Sarkar, Member,
_Board of Revenue, U. P. Lucknow v. Vinay Chandra Misra, I1981) 2
f SCR 331 this Court held that Section 15 prescribed procedure for
taking cognizance and it does not affect the High Court's suo moto
power to take cognizance and punish for contempt of subordinate
courts. B

Mr. Nariman urged that under Entry 77 of List l of the V!lth
Schedule the Parliament has legislative competence to make law
curtailing the jurisdiction of Supreme Court. He further urged that
Section 15 curtails the inherent power of this Court with regard to
..- contempt of subordinate courts. Entry 77 of List l states: "Constitu-
tion, organisation, jurisdiction and powers of the Supreme Court
c
(including contempt of such Court), and the fees taken therein;
persons entitled to practise before the Supreme Court." This EntrY.
read with Article 246 confers power on the Parliament to enact Jaw
with respect to the constitution, organisation, jurisdiction and powers
of the Supreme Court including the contempt of this court. The Parlia- D
ment is thus competent to enact a law relating to the powers of
Supreme Court with regard to 'contempt of itself' such a law may
; prescribe procedure to be followed and it may also prescribe the
maximum punishment which could be awarded and it may provide for
appeal and for other matters. But the Central Legislature has no
legislative competence to abridge or extinguish the jurisdiction or E
power conferred on this Court under Article 129 of the Constitution.
The Parliament's power to legislate in relation to law of contempt
relating to Supreme Court is limited, therefore the Act does not
• impinge upon this Court's power with regard to the contempt of subor-
dinate courts under Article 129 of the Constitution.
F
Article 129 declares the Supreme Court a court of record and it
further provides that the Supreme Court shall have all the powers of
such a court including the power to punish for contempt of itself
(emphasis supplied). The expression used in Article 129 is not restric-
.. tive insteac\ it is extensive in nature. If the Framers of the Constitution
intended that the Supreme Court shall have power to punish for con·- G
..... tempt of itseJf only, there was no necessity for inserting the expression
"including the power to punish for contempt of itself'. The Article
cm1fers power on the Supreme Court to punish for contempt of itself
andifl- · ion, it confers some additional power relating to contempt
as would app r from. the expression "including". The expression
"including" has een interpreted by courts, to extend and widen the H

\
980 SUPREME COURT REPORTS [ 1991] 3 S.C.R.

scope of power. The plain language of Article clearly indicates that
A
this Court as a court of record has power to punish for contempt of
itself and also something eise which could fall within the inherent
jurisdiction of a court of record. In interpreting the Constitution, it is
not permissible to adopt a construction which would render anv expres-
sion superfluous or redundant. The courts ought not accept any such
B construction. While construing Article 129, it is not permissible to
ignore the significance and impact of the inclusive power conferred on
the Supreme Court. Since, the Supreme Court is designed by the Con-
stitution as a court of record and as the Founding Fathers were aware
that a superior court of record had inherent power to indict a person
for the contempt of itself as well as of courts inferior to it, the expres- .
sion "including" was deliberately inserted in the Article. Article 129
c recognised the existing inherent power of a court of record in its full
plenitude including the power to punish for the contempt of inferior
•
courts. If Article 129 is susceptible to two interpretations, we would
prefer to accept the interpretation which would preserve the inherent
jurisdiction of this Court being the. superior court of record, to safe-
D guard and protect the subordinate judiciary, which forms the very
back bone of administration of justice. The subordinate courts
administer justice at the grass root level, their protection is necessary
to preserve the confidence of people in the efficacy of Courts and to
ensure unsullied flow of justice at its base level.

E Disputing the inherent power of this Court with regard to the
contempt of subordinate courts, Mr. Nariman contended that inherent
powers are always preserved, but they do not authorise a court to
invest itself with jurisdiction when that jurisdiction is not conferred by
law. He urged that the status of an appellate court like High Court,
does not enable the High Court to claim original jurisdiction not ves- •
F ted by law. Similarly,.the Supreme Court having appellate jurisdiction
under Section 19 of the Contempt of Courts Act 1971, cannot invest
itself with original jurisdiction for contempt of subordinate courts.
He placed reliance on the decision of this Court in Raja Soap Factory
& Ors. v. S.P. Shantharaj & Ors., [1965] 2 SCR 800. We are unable to
accept the contention. In Raja Soap Factory's case (supra), High
G Court had entertained an original suit and issued injunction under the
Trade and Merch~ndise Marks Act 19~8 although under the Act the
suit was required to be instituted in the District Court. In appeal
before this Court, order of the High Court was sought to be justified
on the ground of High Court's power of transfer under S.ection 2_'.!,read
with its inherent power under Section 151 of the Code iv1l Proce-
H dure. This Court rejected the submission on the gro nd that exercise
.
JUDL. SERVICE ASSN. v. STATE OF GUJARAT (SINGH, J.] 981

of jurisdiction under Section 24 of Code of Civil Procedure was con- A
ditioned by lawful institution of the proceeding in a subordinate court
of competent jurisdiction, and transfer thereof to the High Court. The
i Court observed that power to try and dispose of proceedings, after
transfer from a court lawfully seized of it, does not involve a power to
entertain a proceeding which is not otherwise within the cognizance of
the High Court. Referring to the claim of inherent powers under B
Section 151 to justify entertainment of the suit grant of injunction
order, the Court observed that the inherent power could be exercised
where there is a proceeding lawfully before the High Court, it does
not, however, authorise the High Court to invest itself with jurisdic-
tion where it is not conferred by law. The facts and circumstances as
available in the Raja Soap Factory's case, were quite different and the
~-

view expressed in that case do not have any bearing on the inherent
c
power of this Court. In Raja Soap Factory's case there was no issue
before the Court regarding the inherent power of a superior court of
record instead the entire case related to the interpretation of the
statutory provisions conferring jurisdiction on the High Court. Where
jurisdiction is conferred on a court by a statute, the extent of jurisdic- D
tion is limited to the extent prescribed under the statute. But there is
no such limitation on a superior court of record in matters relating to
the exercise of constitutional powers. No doubt this Court has appel-
.A
late jurisdiction under Section 19 of the Act, but that does not divest it
of its inherent power under Article 129 of the Constitution. The con-
ferment of appellate power on the court by a statute does not and E
cannot affect the width and amplitude of inherent powers of this Court
under Article 129 of the Constitution.

We have already discussed a number of decisions holding that
the High Court being a court of record has inherent power in respect of
contempt of itself as well as of its subordinate courts even in the F
absence of any express provision in any Act. A fortiori the Supreme
Court being the Apex Court of the country and superior court of
record sbould possess the same inherent jurisdiction and power for
taking action for contempt of itself, as well as, for the contempt of
subordinate and inferior courts. It was contended that since High
Court has power of superintendence over the subordinate courts under G
...__ Article 227 of the Constitution, therefore, High Court has power to
punish for the contempt of subordinate courts. Since the Supreme
Court has no supervisory jurisdiction over the High Court or other
subordinate courts, it does not possess powers which High Courts have
• under Article 215. This submission is misconceived. Article 227 con-
fers supervisory jurisdiction on the High Court and in exercise of that H
982 SUPREME COURT REPORTS (1991] 3 S.C.R.

power High Court may correct judicial orders of subordinate courts, in
A
addition to that, the High Court has administrative control over the
subordinate courts. Supreme Court's power to correct judicial orders
of the subordinate courts under Article 136 is much wiaer ana more ~
effective than that contained under Article 227. Absence of aaminis-
trative power of superintendence over the High Court and subordinate
B court does not affect this Court's wide power of judicial superin-
tendence of all courts in India. Once there is power of judicial
superintendence, all the Courts whose orders are amenable to correc-
tion by this Court would be subordinate courts and therefore this
Court also possesses similar inherent power as the High Court has
under Article 215 with regard to the contempt of subordinate courts.
The jurisdiction and power of a superior Court of Record to punish
c contempt of subordinate courts was not founded on the court's
~

administrative power of superintendence, instead ihe inherent juris-
diction was conceded to superior Court of Record on the premise of its
judicial power to correct the errors of subordinate Courts.

D Mr. Nariman urged that assumption of contempt jurisdiction
with regard to contempt of subordinate and inferior courts on the
interpretation of Article 129 of the Constitution is foreclosed by the
decisions of Federal Court, he placed reliance on the decisions of
Federal Court in K.L. Gauba v. The Hon'ble the Chief Justice and "-
Judges of the High Court of Judicature at Lahore & Anr., AIR 1942 FC --._
E 1 and Purshottam Lal Jaitly v. The King Emperor., (1944] FCR 364.
He urged that this Court being successor to Federal Court was bound
by the decisions of the Federal Court under Article 374(2) of the
Constitution. Mr. Sorabji, learned Attorney-General seriously contes-
ted the proposition, he contended that there is a marked difference
between the Federal Court and this Court, former being established by
F a statute with limited jurisdiction while this Court is the Apex constitu-
tional court with unlimited jurisdiction, therefore, the Federal Court
decisions are not binding on this Court. He urged that Article 374(2)
does not bind this Court with the decisions of the Federal Court,
instead it provides for meeting particular situation during transitory
period. In the alternative learned Attorney-General urged that the
G aforesaid two decisions of Federal Court in Gauba's case and Jaitly's '
case do not affect the jurisdiction and power of this Court with regard
to contempt of subordinate and inferior courts as the Fed'eral Court "
had no occasion to interpret any provision like Article 129 of the
Constitution in the aforesaid decisions. Article 374 made provision for

H
the continuance of Federal Court Judges as the Judges of the Supreme
Court on the commencement of the Constitution and it also made
..
JUDL SERVICE ASSN. v. STATE OF GUJARAT (SINGH, J.] 983

provisions for transfer of the proceedings pending in the Federal Court
A
to the Supreme Court. Clause (2) of Article 374 is as under:

"All suits, appeals and proceedings, civifor criminal, pend-
ing in the Federal Court at the commencement of this Con-
stitution shall stand removed to the Supreme Court, and
the Supreme Court shall have jurisdiction to hear and B
determine the same, and the judgments and orders of the
Federal Court ·delivered or made before the commence-
ment of this Constitution shall have the same force and
effect as if they had been delivered or made by the
Supreme Court."

On the promulgation of the Constitution, Federal Court ceased to c
exist and the Supreme Court was set up and with a vi.ew to meet the
changed situation, provisions had to be made with regard to the mat-
ters pending before the Federal Court. Article 374(2) made provision
for two things, firstly it directed the ·transfer of all suits, appeals and
proceedings, civil or criminal pending before the Federal Court to the D
Supreme Court. Secondly, it provided that any orders and judgments
delivered or made by the Federal Court before the commencement of
ihe Constitution shall have the same force and effect as if those orders
_)
or' judgments had been delivered or made by the Supreme Court. This
was necessary for the continuance of the proceedings before the
Supreme Court. The Federal Court may have passed interlocutory E
orders, it may have delivered judgments in the matters pending before
it and in order to maintain the continuance of validity of orders .or
judgments of Federal Court a legal fiction was created stating that
., those judgments and orders shall be treated as of Supreme Court.
Article 374(2) is in the nature of transitory provision to meet the
exigency of the situation on the abolition of the Federal Court and F
setting-of the Supreme Court. There 'is no provision in the aforesaid
Article to the effect that the decisions of the Federal Court shall be
binding on the Supreme Court. Similar view was taken by the
Allahabad High Court in Om Prakash Gupta v. The United Provinces,
AIR 1951 Allahabad 205 para 43 and Bombay High Court in State of
Bombay v. Gajanan Mahadev Badley., AIR 1954 Bombay 352 para 14. G
The decisions of Federal Court and the Privy Council made before the
commencement of the Constitution are entitled to great respect but
those decisions are not binding on this Court and it is always open to
this Court to take a different view. In The State of Bihar v. Abdul
., Majid, [1954] SCR 786 at 795 and Shrinivas Krishnarao Kango v.
Narayan Devji Kango and Ors., [19551 1 SCR 1 at 24 and 25. Federal H
984 SUPREME COURT REPORTS [1991] 3 S.C.R.

Court decisions were not followed by this Court. There is, therefore,
A
no muit in the contention that this Court is bound by the decisions of
the Federal Court.

But even otherwise the decisions of Federal Court in K.L.
Gauba's case and Purshottam Lal Jaitly's case have no bearing on the•
B interpretation of Article 129 of the Constitution. In K.L. Gauba's case
the facts were that K.L. Gauba, an Advocate of Lahore High Court
was involved in litigation of various kinds including a case connected
with his insolvency. A Special Bench of the High Court of Lahore was
constituted to decide his matters. His objection against the sitting of a
particular Judge on the Special Bench, was rejected. His application
for the grant of certificate under Section 205 of the Government of
c India Act to file appeal against the order of the High Court before the
Federal Court was refused. Gauba filed a petition before the Federal
Court for the issue of direction for the transfer of his case to Federal
Court from High Court. The Federal Court held that appeal against
the order of the High Court refusing to grant certificate was not main-
D tainable. Gauba argued that the High Court was guilty of contempt of
Federal Court as it had deliberately and maliciously deprived the
Federal Court's jurisdiction to hear the appeal against its orders.
Gwyer, CJ. rejected the contention in the following words:

"We have had occasion more than once to construe the
E provisions of Section 205, and we repeat what we have
already said, that no appeal lies to this Court in the absence
of the certificate prescribed by that Section: a certificate is
the necessary condition precedent to every appeal. We can-
not question the refusal of a High Court to grant a certifi-
cate or investigate the reasons which have prompted the
F refusal; we cannot even inquire what those reasons were,
if the High Court has given none. The matter is one exclu-
sively for the High Court; and, as this Court observed in an
earlier case, it is not for us to speculate whether Parliament
omitted per incuriam to give a right of appeal against the
refusal to grant a certificate or trusted the High Courts to
G act with reasonableness and impartiality: 1939 FCR 13 at
page 16. The jurisdiction of the Court being thus limited by
the statute in this way, how could it be extended by a High
Court acting even perversely or maliciously in withholding
the certificate."

H In Purshottam Lal Jaitly's case an application purporting to
JUDL. SERVICE ASSN. v. STATE OF GUJARAT [SINGH, J.] 985

invoke extraordinary original jurisdiction of the Federal Court under A
Section 210(2) of the Government of India Act, 1935 was made with a
prayer that the Federal Court should itself deal directly with an alleged
wntempt of a Civil Court, subordinate to the High Court. By a short
order the Court rejected the application placing reliance on its deci-
sion in K.L. Gauba's case. The Court observed as under:
B
"The expression "any contempt of court" in that provision
must be held to mean "any act amounting to contempt of
this Court". This was the view expressed in Gauba's case
and we have been shown no reason for departing from that
view. Under the Indian Law the High Courts have power to
deal with contempt of any Court subordinate to them as
• well as with contempt of the High Courts. It could not have
been intended to confer on the Federal Court a concurrent
c
jurisdiction in such matters. The wider construction may
conceivably lead to conflicting judgments and to other
anomalous consequences."
D
In the case of K. L. Gauba the Federal Court found itself helpless in
the matter as the Government of India Act, 1935 did not confer any
power on it to entertain an appeal against the order of High Court
refusing to grant certificate. The decision has no bearing on the ques-
tion which we are concerned. Jn Purshottam Lal Jait/y's case the deci-
sion turned on the interpretation of Section 210(2) o.,f the 1935 Act. E
Section 210 made provisions for the enforcement of decrees and orders
of Federal Court. Sub-section (2) provided that Federal Court shall
have power to make any order for the purpose of securing the atten-
dance of any person, the discovery or production of any documents or
• the investigation or "punishment of any contempt of court", which any
High Court has power to make as respects the territory within its F
jurisdiction, and further the Federal Court shall have power to award
costs and its orders shall be enforceable by all courts. While interpret-
ing Section 210(2) the Federal Court held that it had no power to deal
with contempt of any court subordinate to High Court and it further
observed that the wider constructions may lead to conflicting judg-
ments and to other anomalous consequences. It is not necessary for us G
to consider the correctness of the opinion expressed by the Federal
Court, as in our view the Federal Court was a court of limited jurisdic-
tion, it was not the Apex Court like this Court as against the judgment,
order and decree of the Federal Court appeals lay to the Privy Council.
The Federal Court exercised limited jurisdiction as conferred on it by
the 1935 Act. The question regarding the inherent power of the H
986 SUPREME COURT REPORTS [1991] 3 S.C.R.

A Superior Court of Record in respect of the Contempt of Subordinate
court was neither raised nor discussed in aforesaid decisions. The
Federal Court observed that if the High Court and the Federal Court
both have concurrent jurisdiction in contempt matters it could lead to t
conflicting judgments and anomalous consequences, that may be so
under the Government of India Act as the High Court and the Federal
B
Court did not have concurrent jurisdiction, but under the Constitu-
. tion, High Court and the Supreme Court both have concurrent jurisdic-
tion in several matters, yet no anomalous consequences follow.

While considering the decision of Federal Court, it is necessarv to
bear in mind that the Federal Court did not possess wide powers as this
c Court bas under the Constitution. There are marked differences in the
constitution and jurisdiction and the amplitude of powers exercised by
the two courts. In addition to civil and criminal appellate jurisdiction,
•
this Court bas wide powers under Article 136 over all the courts and
Tribunals in the country. The Federal Court bad no such power,
D instead it had appellate power but that too could be exercised only on a
certificate issued by the High Court. The Federal Court was a court of
record under Section 203 but it did not possess any plenary or
residuary appellate power over all the courts functioning in the territ-
ory of India like the power conferred on this Court under Article 136
of the Constitution, therefore, the Federal Court had no judicial con-
trol or superintendence over subordinate courts.
E
•
Advent of freedom, and promulgation of Constitution have
made drastic changes in the administration of justice necessitating new
judicial approach. The Constitution has assigned a new role to the
Constitutional Courts to ensure rule of law in the country. These
F changes have brought new perseptions. In interpreting Constitution, •
we must have regard to the social, economic and political changes,
need of the community and the independence of judiciary. The court
cannot be a helpless spectator, bound by precedents of colonial days
which have lost relevance. Time has come to have a fresh look to the
old precedents and to lay down law with the changed perceptions
keeping in view the provisions of the Constitution. "Law", to use the
G
words of Lord Coleridge, "grows; and though the principles oOaw
remain unchanged, yet their application is to be changed with the
changing circumstances of the time." The considerations which
weighed with the Federal Court in rendering its decision .in Guaba's
and Jaitley's case are no more relevant in the context of the constitu-
H tional provisions.

I
JUDL. SERVICE ASSN. v. STATE OF GUJARAT [SINGH, J.] 987

Since this Court has power of judicial superintendence and con- A
trol over all the courts and Tribunals functioning in the entire territory
of the country, it has a corresponding duty to protect and safeguard
the interest of inferior courts to ensure the flow of the stream of justice
in the courts without any interferenFe or attack from any quarter. The
subordinate and inferior courts do not have adequate power under the
law to protect themselves, therefore, it is ·necessary that this court B
should protect them. Under the constitutional scheme this court has a
special role, in the administration of justice and the powers conferred
on it under Articles 32, 136, 141 and 142 form part of basic structure of
the Constitution. The amplitude of the power of this Court under these
Articles of the Constitution cannot be curtailed by law made by Cent-
ral or State Legislature. If the contention raised on behalf of the con-
temners is accepted, the courts all over India will have no protection
c
from this Court. No doubt High Courts have power to persist for the
contempt of subordinate courts but that does not affect or abridge ihe
inherent power of this court under Article 129. The Supreme Court
and the High Court both exercise concurrent jurisdiction under the
constitutional scheme in matters relating to fundamental rights under D
Article 32 and 226 of the Constitution, therefore this Court's jurisdic-
tion and power to take action for contempt of subordinate courts
would not be inconsistent to any constitutional scheme. There may be
occasions when attack on Judges and Magistrate of subordinate courts
may have wide repercussions through out the country, in that situation
it may not be ·possible for a High Court to contain the same, as a result E
of which the administration of justice in the country may be paralysed,
in that situation the Apex Court must intervene to ensure smooth
functioning of courts. The Apex Court is duty bound to take effective
ti steps within the constitutional provisions to ensure a free and fair
administration of justice through out the country, for that purpose it
must wield the requisite power to take aciion for contempt of subordi- F
nate courts. Ordinarily, the High Court would protect the subordinate
court from any onslaught on their independence, but in exceptional
cases, extra ordinary situation may prevail affecting the administration
of public justice or where the entire judiciary is affected, this Court
may directly take. cognizance of contempt of subordinate courts. We
would like to strike a note of ·caution that this Court will sparingly G
excercise its inherent power in taking cognizance of the contempt of
fsubordinate courts, as ordinarily matters relating to contempt of sub:
ordinate courts must be dealt with by the High Courts. The instant
case is of exceptional nature, as the incident created a situation where
functioning of the subordinate courts all over the country was
·adversely affected, and the administration of justice was paralysed, H
988 SUPREME COURT REPORTS [ 1991] 3 S.C.R.
ff;
'.-;·

A therefore, this Court took cognizance of the matter.

Mr. Nariman contended that in our country there is no court of
universal jurisdiction, as the jurisdiction of all courts including the .\
Supreme Court is limited. Article 129 as well as the Contempt of
Courts Act 1971 do not confer any express power to this Court with
B regard to contempt of the subordinate courts, this Court cannot by
construing Article 129 assume jurisdiction in the matter which is not
entrusted to it by law. He placed reliance on the observations of this
Court in Nuresh Shridhar Mirajkar & Ors. v. State of Maharashtra &
Ors., [1966] 3 SCR 744 at 771. We have carefully considered the deci-
sion but we find nothing therein to support the contention of Mr.
Nariman. It is true that courts constituted under a law enacted by the
,.
c Parliament or the State'Legislature have limited jurisdiction andJhey
cannot assume jurisdiction in a matter, not expressly assigned to them,
but that is not so in the case of a superior court of record constituted by
_,
the Constitution. Such a court does not have a limited jurisdiction
instead it has power to determine its .own jurisdiction. No matter is
D beyond the jurisdiction of a superior court of record unless it is ex-
pressly shown to be so, under the provisions of the Constitution. In the
absence of any express provision in the Constitution the Apex court
being a court of record has jurisdiction in every matter and if there be
any doubt, the Court has power to determine its jurisdiction. If such '
determination is made by High Court, the same would be subject to
E appeal to this Court, but if the jurisdiction is fotermined by this Court
it would be final. Halsbury's Laws of England Vol. 10 Para 713, states:

"Prima facie no matter is deemed to be beyond the juris-
diction of a superior court unless it is expressly shown to be •
so, while nothing is within the jurisdiction of an inferior
F court unless it is expressly shown on the face of the pro-
ceedings that the particular matter is within the cognizance
'of the particular court."

The above principle of law was approved by this Court in Special
Reference No. 1 of 1964 (1965] 1 SCR 413 at 499 in holding that the·
G High Court being a superior court of record was entitled to determine
its own jurisdiction in granting interim bail to a person against whom
warrant of arrest had been issued by the Speaker of a State Legisla.;,·,
..
ture. In Mirajkar's c~se (supra) this Court again reiterated the princi-
pies that a superior court of record unlike a court of limited jurisdic-
tion is entitled to determine about its own jurisdiction. In Ganga
H Bishan v. Jai Narain, (1986] 1 SCC 75 the Court emphasised that the
[
JUDL. SERVICE ASSN. v. STATE OF GUJARAT [SINGH, J.]. 989

Constitution has left it to the judicial discretion of Supreme Court to
A
decide for itself the scope and limits of its jurisdiction in order to
render substantial justice in matters coming before it. We therefore
hold that this Court being the Apex Court and a superior court of
record has power to determine its jurisdiction under Article 129 of the
Constitution, and as discussed earlier it has jurisdiction to initiate or
entertain proceedings for contempt of subordinate courts. This view B
does n9t run counter to any provision of the Constitution.

Constitutional hurdles over, now we would revert back to the
incident which has given rise to these proceedings. The genesis of the
unprecedented attack on the subordinate judiciary arose out of con-
frontational attitude of the local police against the Magistracy in
Kheda. The Chief Judicial Magistrate is head of the Magistracy in the c
District. Under the provisions of Chapter XII of the Code of Criminal
Procedure, 1973, he exercises control and supervision over the investi-
gating officer. He is an immediate officer on the spot at the lower rung
of the administration of justice of the country to ensure that the Police
which is the law enforcing machinery acts according to law in investiga- D
tion of crimes without indulging into excesses and causing harassment
to citizens. The main objective of Police is to apprehend offenders, to
investigate crimes and to prosecute them before the courts and also to
prevent commission of crime and above all to ensure law and order to
protect the citizens' life and property. The law enjoins the Police to be
scrupulously fair .to the offender and the Magistracy is to ensure fair E
investigation and fair trial to an offender. The purpose and object of
Magistracy and Police are complementary to each other. It is unfortu- .
nate, that· these objectives have remained unfulfilled even after 40
• years of our Constitution. Aberrations of Police officers and Police
excesses in dealing with the law and order situation have been the
subject of adverse comments from this court as well as from other
courts but it has failed to have any corrective effect on it. The Police
has power to arrest a person even without obtaining a warrant of arrest
from a court. The amplitude of this power casts an obligation on the
Police to take maximum care in exercising that power. The Police must
bear in mind, as held by this Court that if a person is arrested .for a
crime, his constitutional and fundamental rights must not be violated. G
See: Sunil Batra v. Delhi Administration & Ors., [1978] 4 SCC 494. In
Prem Shankar Shukla's (supra) case 526, this Court considered the
question of placing a prisoner under handcuff by the Police. The Court
declared that no prisoner shall be handcuffed or fettered routinely or
merely for the convenience of custody or escort. The Court
emphasised that the Police did not enjoy any unrestricted or unlimited H
990 SUPREME COURT REPORTS [ 1991] 3 S.C.R.

A power to handcuff an arrested person. If having regard to the circums·
lances including the conduct, behaviour and character of a prisoner,
there is reasonable apprehension of prisoner's escape from custody or
disturbance of peace by violence, the Police may put the prisoner
under handcuff. If a prisoner is handcuffed without there being any
justification, it would violate prisoner's fundamental rights under Arti·
B
cles 14 and 19 of the Constitution. To be consistent with Articles 14
and 19 handcuffs must be the last refuge as there are other ways for
ensuring security of a prisoner. In Prem Shankar Shuk/a's case,
Krishnalyer,J. observed:

"If today freedom of the forlorn person fails to the police
c somewhere tomorrow the freedom of many may fall, else
where, with none to whimper unless the court process
lnvigilates and polices the police before it is too late."

The prophetic words of Krishna Iyer, J. have come true as the facts of
D
the present case would show.

In the instant case, Patel, CJM, was assaulted, arrested and
handcuffed by Police Inspector Sharma and.other Police Officers. The
Police Officers were not content with this, they tied him with a thick
E rope round his arms and body as if N.L. Patel was a wild animal. As
discussed earlier, he was taken in that condition to the hospital for
medical examination where he was made to sit in varanda exposing
him to the public gaze, providing opportunity to the members of the
public to see that the Police had the v.ower and privilege to apprehend
and deal with a Chief Judicial Magistrate according to its sweet will. •
F What was the purpose of unusual behaviour of the police, was it to
secure safety and security of N.L. Patel, or was it done to prevent
escape or any violent activity on his part justifying the placing of
handcuffs and ropes on the body of N.L. Patel: The Commission has
recorded detailed findings that the object was to wreck vengeance and
to humiliate· the CJM who had been policing the police by this judicial
G orders. We agree with the findings recorded by the Cilmmission that
there was no justification for this extraordinary and unusual behaviour
of Police Inspector Sharma and other Police Offi~ers although they
made an attempt to justify their unprecedented, dehumanising
.
behaviour on the ground that Patel was drunk, and he was behaving in
violent manner and if he had not been handcuffed or tied with ropes,
H he could have snatched Sharma's revolver and killed him. We are
JUDL. SERVICE .ASSN. v. STATE 01' GUJARAT (SINGH, J.] '991

amazed at the reasons given by Sharma justifying the handcuffs and A
ropes on the body of N .L Patel. Patel was unarmed, he_ was a_t the
Police Station in a room, there were at least seven pohce officials
present in the room who were fully armed, yet, t_here was apprehen-
sion about Patel's escape or violent behaviour 1ust1fymg handcuffs and
roping. The justification given by them i_s flimsy, and prepo~terous. B
S.R. Sharma acted in utter disregard of this Courts duectmn m Prem
Shankar Shukla's case. His explanation that he was not aware of the
decision of this Court is a mere pretence as the Commissioner has
recorded findings that Gujarat Government had issued Circular letter
to the Police incorporating the guide lines laid down by this Court in
Prem Shanker Shukla's case with regard to the handcuffing of
prisoner. c

What constitutes contempt of court? The Common Law defini-
tion of contempt of Court is: 'An act or omission calculated to
interfo1~ with the due administration of justice.' (Bowen L.J. in
He/more v. Smith, [1886] 35 Ch. D. 436 at 455. The contempt of court D
as defined by the Contempt of. Courts Act, 1971 includes civil, and
criminal contempt. Criminal contempt as defined by the Act: 'Means
the publication whether by words, spoken or written, or by signs, or by
visible representations, or otherwise of any matter or the doing of any
other act whatsoever which scandalizes or tends to scandalize, or
lowers or tends to lower the authority of: any court; or prejudices, or E
interferes or tends or to interfere with, the due course of any judicial
proceeding; or interferes, or tends to interfere with, or obstructs or
tends to obstruct, the administration of justice in any other manner.'
The definition of criminal contempt is wide enough to include any act
II . by· a person which would tend to interfere with. the administration of
justice or which would lower the authority of court. The public have a F
vital stake in effective and orderly administration of justice. The Court
has the duty of protecting the interest-of the community in the due
administration of justice and, so, it is entrusted with the power to
commit for contempt of court, not to protect the dignity of the Court
against insult or injury, but, to protect and vindicate the right of the
public so that the administration of justice is not perverted, prejudiced, G
obstructed or interfered with. "It is a mode of vindicating the majesty
... of law, in its active manifestation against obstruction and outrage."
(Frank Furler, J. in Offutt v. U.S.,) [1954] 348 US 11. The object and
purpose of punishing contempt for interference with the administra-
tion of justice is not to safeguard or protect the dignity of the Judge or
H

.J
992 SUPREME COURT REPORTS [1991] 3 S.C.R.

A the Magistrate, but the purpose is to preserve the authority of the
courts to ensure an ordered life in society. In Attorney-General v..
Times Newspapers, [1974) A.C. 273 ·at p. 302 the necessity for the law
of contempt was summarised by Lord Morris as:

"In an ordered community courts are established for the
,,8 pacific settlement of disputes and for the maintenance of ·
law and order. In the general interests of the community it
is imperative that the' authority of the courts should not be
imperilled and that recourse to them should not be subject
to unju.stifiable interference. When such unjustifiable
interference is suppressed it is not because those charged
with the responsibilities of administering justice are ~
c concerned for their own dignity: it is because the very
structure of ordered life is at risk if the recognised courts of
the land are so flouted and their authority wanes and is
supplanted."

D The Chief Judicial Magistrate is head of the Magistracy in the
· District who administers justice to ensure, protect and safeguard the
rights of citizens. The subordinate courts at the district level cater to
the need of the masses in administering justice at the base level. By
and large the majority of the people get their disputes adjudicated in
subordinate courts, it is, in the general interest of the community that '
E the authority of subordinate courts is protected. If the CJM is led into
trap by unscrupulous Police Officers and if he is assaulted, handcuffed
and roped, the public is bound to lose faith in courts, which would be
destrictive of basic structure of an ordered society. If this is permitted
Rule of Law shall be supplanted by Police Raj. Viewed in this perspec-

F
tive the incident is not a case of physical assault on an individual
judidal officer, instead it is an onslaught on the institution of the
"
judiciary itself. The'incident is a clear interference with the administ-
ration of justice, lowering its judicial authority. Its effect was not
confined to one District or State, it had a tendency to affect the entire
judiciary in the country. The incident highlights a dangerous trend that
if the Police is annoyed with the orders of a presiding officer of a court,
G he would be arrested on flimsy manufactured charges, to humiliate
him publicly as has been done in the instant case. The conduct of
Police Officers in . assaulting and humiliate the CJM brought the
authority and administration of justice into disrespect, affecting the
public confidence in the institution of justice. "The summary power of
punishment for contempt has been conferred on the courts to keep a
ff blaze of glory around them, to deter people from attempting to render

\,
JUDL. SERVICE ASSN. v. STATE OF GUJARAT (SINGH, J.] 993

them contemptible in the eyes of the public. These powers are neces- A
sary to keep the course of justice. free, as it is of great importance to
society." (Oswald on Contempt of Court). The power to punish con-
tempt is vested in the Judges not for their personal protection only, but
for the protection of public justice, whose interest, requires that
decency and decorum is preserved in Courts of Justice. Those who
have to discharge duty in a Court of Justice are protected by the law, B
and shielded in the discharge of their duties, any deliberate interfe-
rence with the discharge of such duties either in court or outside the
court by attacking the presiding officers of the court, would amount to
criminal contempt and the courts must take serious cognizance of such
conduct.

It takes us to the question against which of the contemners con-
c
tempt is made out. On behalf of the petitioners it was urged that the
Police Officers' conduct amounts to criminal contempt as their action
lowere<l the authority of the Chief Judicial Magistrate and it further
caused interference with the administration of justice. Mr. Soli Sorab-
jee, learned Attorney-General contended that all those who abetted D
and helped the Police Officers' in their conduct and design are also
guilty of contempt of court. On behalf of the contemners it was urged
that the incident which took place in the Police Station does no.t make
out any contempt of court. The Chief Judicial Magistrate had con-
sumed liquor and in druken state he went to the Police Station and
slapped the Police Inspector, Sharma, thereby he committed offence E
under the Bombay Prohibition Act as well as under Section 332, 504
and 506 of the Indian Penal Code. Criminal cases have been registered
against N .L. Patel, CJM and after investigation charge-sheets have
been submitted to the court. In this context, it was urged that no action
' could be taken against the contemners as the facts in issue in the
present proceedings are the same as involved in the criminal prosecu- F
tions pending against N.L. Patel, CJM. The question raised on behalf
of the contemners need not detain us long. Proceedings for contempt
of court are different than those taken for the prosecution of a person
for an offence under the criminal jurisdiction. Contempt proceedings
are peculiar in nature although in certain aspects they are quasi-
criminal in nature but ihey do not form part of criminal jurisdiction of G
the court. Criminal prosecution pending against the CJM or against
the contemners has no bearing on the contempt proceedings initiated
by this Court as the present proceedings are not for the purpose ·of
punishing the contemners for the offence of wrongful detention and
assault on N.L. Patel, Chief Judicial Magistrate, instead these pro-
ceedings have been taken to protect the interest of the public in the H
994 SUPREME COURT REPORTS (19911 3 S.C.R.

A due administration of justice and to preserve the confidence of people
in Courts. We, accordingly, reject the contemner's objection.

We have already recorded findings that Sharma, Police •
Inspector, Nadiad had preplanned the entire scheme, he deliberately
invited Patel to visit Police Station where he was forced to consume
B liquor and on his refusal he was assaulted, arrested, handcuffed and
tied with rope S.R. Sharma, K.H. Sadia, Sub-Inspector, Valjibhai
Kalajibhai, Head Constable and Pratap Singh, Constable, all took
active part in this shameful episode with a view to malign and
denigrade the CJM on accout of his judicial orders against the Police.
We, therefore, hold S.R. Sharma, Police Inspector, K.H. Sadia, Sub-
Inspector, Valijibhai Kalajibhai Head Constable and Pratap Singh,
c Constable guilty of contempt of court. M.B. Savant, Mamlatdar had
been summoned by Sharma, Police Inspector, to the Police Station in
advance for purposes of being witness to the Panchnama drawn up by
Sharma describing drunken condition of Patel, CJM. The document
was false and deliberately prepared to make out a case against Patel,
D CJM. M.B. Sawant was in complicity with Sharma, he actively
participated in the preparation of the document to malign and
humiliate the CJM and to prepare a false case against him, he is also,
therefore, guilty of contempt of court.

As regards D.K. Dhagal, the theq District Superintendent of
E Police, Kheda, we have already recorded findings that he was hand in
glove with Sharma, Police Inspector. The circumstances pointed out '
by the Commission and as discussed earlier, show that though D.K.
Dhagal, had not personally participated in the shameful episode but
his conduct, act and omission establish his complicity in the incident. It
is difficult to believe or imagine that a Police Inspector would arrest,
F humiliate, assault and handcuff a CJM and the Police Chief in the
District would be indifferent, or a mute spectator. The circumstances
unequivocally show that Sharma was acting under the protective cover
of Dhagal as he did not take any immediate action in the matter
instead he created an alibi for himself by interpolating the entries in
the register at the Government R~st House, Balasinor. In his report
G submitted to the Addi. Chief Secretary (Home) on 27.9.1989, Dhagal
did not even remotely mention the handcuffing and roping of CJM. It
is unfortunate that Dhagal as the district Superintendent of Police did
not discharge his duty like a responsible Police Officer instead he
identified himself with Sharma, Police Inspector and actively abetted
the commission of onslaught on the CJM. We, accordingly, hold D.K.
H Dhagal, the then D.S.P., Kheda guilty of contempt of court.
· JUDL. SERVICE ASSN. v. STATE OF GUJARAT [SINGH, J.] 995

This takes us to the petition filed by N.L. Patel for quashing the A
criminal cases initiated against him on the basis of two First lnforma-
tiun Reports made by Police Inspector S. R. Sharma. As noticed
earlier Sharma, Police Inspector, had registered two FIRs on 25. 9.1989
against N.L. Patel for the offences under Section 85(1)(3) read with
Section 66(1)(b) and also under Section 110 of Bombay Prohibition
Act on the alfegations that Patel had consumed liquor without permit B
or pass and under the influence of alcohol entered into Sharma's
chamber and behaved in an indecent manner. The FIR further alleged
that Patel caught hold of Police Inspector Sharma and slapped him.
The second FIR was lodged by Sharma against Patel for offences
under Sections 332, 353, 186 and 506 of the Indian Penal Code on the
same allegations as contained in the earlier FIR. During the pendency C
of the contempt proceedings before this Court, the Police continued
the investigation and submitted ch.arge sheet in both the cases against
N .L. Patel and at present Criminal Cases Nos. 1998/90 and 1999/90 are
pending in the Court of Chief Judicial Magistrate, Nadiad. These pro-
ceedings are sought to be quashed. ·
D
On behalf of the State and the Police Officers, it was urged t.hat
since charge sheets have already been submitted to the Court, Patel
will have full opportunity to defend himself before the court where
\.Vitnesses would be examined and cross-examined, therefore, this
Court should not interfere with the proceedings. The gravamen of the
charge in the two cases registered against N .L. Patel is that he had E
consumed liquor without a pass or permit and under the influence of
liquor, he entered the chamber of Police Inspector Sharma at the
Police Station and assaulted him. The Police over-powered and
• arrested him and a panchnama was prepared and he was taken to the
Hospital for medical examination, and the report of medical examina-
tion indicates that he had consumed liquor. These very facts have been F
inquired into by the Commissioner and found to be false. We have
recorded findings that Police Inspector Sharma and other Police Offi-
cers manipulated records and manufactured the case against N. L.
Patel with a view to humiliate and teach him a lesson as the Police was
annoyed with his judicial orders. We have already recorded findings
holding S.R. Sharma, Police Inspector, Sadia, Sub-Inspector, Valji- G
bhai Kalabhai, Head-Constable, Pratap Singh, Constable, M.B.
Savant, Mamlatdar, and D.K. Dhagal, D.S.P. guilty of contempt of
court. These very persons are specified as witnesses in the two charge
sheets. The Commission's as well as our findings clearly demonstrate
that the allegations contained in the two F!Rs are false. If Police is
permitted to prosecute Patel on those allegations merely on the basis H
996 SUPREME COURT REPORTS [1991] 3 S.C.R.

that charge sheets have been submitted by it, it would amount to gross
A
abuse of the process of the Court. In the circumstances, proceedings
against N .L. Patel are liable to be quashed.

Learned counsel, appearing on behalf of the State of Gujarat
and the Police Officers, urged that in the present proceedings this
B Court has no jurisdiction or power to quash the criminal proceedings
pending against N.L. Patel, CJM. Elaborating his contention, learned
counsel submitted that once a criminal case is registered against a
person the law requires that the court should allow the case to proceed
· to its normal conclusion and there should be no interference with the
process of trial. He further urged that this Court has no power to quash
a trial pending before the criminal court either under the Code of
c Criminal Procedure or under the Constitution, therefore, the criminal
proceedings pending against Patel should be permitted to continue.
Learned Attorney-General submitted that since this Court has taken
cognizance of the contempt matter arising out of the incident which is·
'he subject matter of trial before the criminal court, this Court has
D ample power under Article 142 of the Constitution to pass any order
necessary to do justice and to prevent abuse of process of the court.
The learned Attorney-General elaborated that there is no limitation
on the power of this Court under Article 142 in quashing a criminal
proceeding pending before a subordinate court. Before we proceed to
consider the widtn and amplitude of this Court's power under Article
E 142 of the Constitution it is necessary to remind ourselves that though
there is no provision like Section 482 of the Criminal Procedure Code
conferring express power on this Court to quash or set aside any crimi-
nal proceedings pending before a criminal court to prevent abuse of
process of the court, but this Court has power to quash any such
proceedings in exercise of its plenary and residuary power under Arti-
•
F cle 136 of the Constitution, if on the admitted facts no charge is made
out against the accused or if the proceedings are initiated on concocted
facts, or if the proceedings are initiated for oblique purposes. Once
this Court is satisfied that the criminal proceedings amount to abuse of
process of court it would quash such proceedings to ensure justice. In
State of West Bengal & Ors. v. Swapan Kumar Guha & Ors., [1982] 3
G SCR 121 this Court quashed First Information Report and issued
direction prohibiting investigation into the allegations contained in the
FIR as the Court was satisfied that on admitted facts no offence was
made out against the persons named in the FIR. In Madhavrao Jiva-
jirao Scindia & Ors. v. Sambhajirao Chandrojirao Angre & Ors.,
["1988] 1 SCC 692 criminal proceedings were quashed as this Court was
H satisfied that the case was founded on false facts, and the proceedings
JUDL. SERVICE ASSN. v. STATE OF GUJARAT [SINGH, J.l 997

for trial had been initiated for oblique purposes. A

Article 142(1) of the Constitution provides that Supreme Court
1
in exercise of its jurisdiction may pass such decree or make such order
as. is necessary for doing complete justice in any 'cause' or 'matter'
pending before it. The expression 'cause' or 'matter' would include
any proceeding pending in court and it would cover almost every kind B
of proceeding in court including civil or criminal. The inherent power
of this Court under Article 142 coupled with the plenary and residuary
powers under Article 32 and 136 embraces power to quash criminal
proceedings pending before any court to do complete justice in the
matter before this Court. If the court is satisfied that the proceeding in
7 a criminal case are being utilised for oblique purposes or if the same
are continued on manufactured and false evidence or if no case is made
c
out on the admitted facts, it would be in the ends of justice to set aside
or quash the criminal proceedings. It is idle to suggest that in such a
situation this Court should be a helpless spectator.

Mr. Nariman urged that Article 142( 1) does not contemplate any
order contrary to statutory provisions. He placed reliance on the
Court's observations in Prem Chand Garg v. Excise Commissioner,
U.P., Allahabad, [ 1963] Supp. 1 SCR 885 at 899 and, A.R. Antulay v.
R.S. Nayak & Anr., [1988] 2 SCC 602 where the Court observed that
though the powers conferred on this Court under Article 142(1) are
very wide, but in exercise of that power the court cannot make any E
order plainly inconsistent with the express statutory provisions of
substantive law. It may be noticed that in Prem Chand Garg's anC:
Antu/ay's case (supra) observations with regard to the extent of this
'Court's power under Article 142(1) were made in the context of funda-
mental rights. Those observations have no bearing on the question in
issue as there is no provision in any substantive law restricting this F
Court's power to quash proceedings pending before subordinate court.
This Court's power under Article 142(1) to do "complete justice" is
entirely of different level and of a different quality. Any prohibition or
restriction contained in ordinary laws cannot act as a limitation on the
constitutional power of this Court. Once this Court has seisin of a
cause or matter before it, it has power to issue any order or direction G
"' to do "complete justice" in the matter. This constitutional power of
the Apex Court cannot be limited or restricted by provisions contained
in statutory law. In Harbans Singh v. UP. State, [1982] 3 SCR 235 at
243 the Court observed:

"Very wide powers have been conferred on this Court for H
998 SUPREME COURT REPORTS [1991) 3 S.C.R.

A due and proper administration of justice. Apart from the
jurisdiction and powers conferred on this Court under Arti-
cie.s 32 and 136 of the Constitution I am of the opinion that,_
this Court retains and must retain, an inherent power and
jurisdiction for dealing with any extra-ordinary situation in
the largest interests of administration of justice and for pre-
B venting manifest injustice being done. This power must
necessarily be sparingly used only in exceptional circums-
tances forfurthering the ends of justice."

No enactment made by Central or State Legislature can limit or
restrict the power of this Court under Article 142 of the Constitutio\
though while exercising power under Article 142 of the Constitution,
c the Court must take into consideration the statutory prov1S1ons
regulating the matter in dispute. What would be the need of "complete
justice" in a cause or matter would depend upon the facts and cir-
cumstances of each case and while exercising that power the Court
would take into consideration the express provisions of a substantive
D statute. Once this Court has taken seisin of a case, cause or matter, it
has power to pass any order or issue direction as may be necessary to
do complete justice in the matter. This has been the consistent view of
this Court as would appear from the decisions of this Court in State of"-
U. P. v. Poosu & Anr., [1976) 3 SCR 1005; Ganf?a Bishan & Ors. v. Jai
Narain, [1986] 1 SCC 75; Navnit R. Kamani & Ors. v. R.R. Kamani,
E [1988] 4 SCC 387; B.N. NaJ?arajan & Ors. v. State of Mysore & Ors.,
• [ 1966] 3 SCR 682: Special Reference No. 1 of 1964, (supra), and
Harbans Singh v. State of U.P. Ors., (supra). Since the foundation of
the criminal trial ofN.L. Patel is based on the facts which have already
been found to be false, it would be in the ends of justice and also to do "
complete justice in the cause to quash the criminal proceedings. We
F accordingly quash the criminal proceedings pending before the Chief
Judicial Magistrate, Nadiad in Criminal Cases Nos. 1998/90 and 1999/
90.

The question arises what punishment should be awarded to the
contemners found guilty of contempt. In determining the punishment,
G the degree and the extent of part played by each of the contemners has
to be kept in mind. Sharma, Police Inspector who was the main actor "
in the entire incident and who had planned the entire episode with a
view to humiliate the CJM in the publis eye is the main culprit, thern-
fore, he deserves maximum punishment. Sadia, Sub-Inspector took
active part in assaulting and tying the CJM at the behest of Sharma,
H Police Inspector. Valijibhai Kalajibhai,.Head Constable and Prat.ap
JUDL. SERVICE ASSN. v. STATE OF GUJARAT (SINGH. J.] 999

Singh, Constable also took active part in handcuffing and tying the
A
CJM with ropes, but as subordinate officials they acted under the
orders of his superior officer. M.B. Sawant, Mamlatdar was friendly to
JSharma, Police Inspector, he had no axe to grind against the CJM but
he acted under the influence of Sharma, Police Inspector. So far as
D.K. Dhagal is concerned, he actively abetted the commission of
onslaught on the CJM. Having regard to the facts and circumstances B
and individual part played by each of the aforesaid contemner we hold
them guilty of contempt and award punishment as under:

S.R. Sharma, the then Police Inspector, Nadiad shall undergo
simple imrisonment for a period of six months and he shall pay fine of
.Rs.2,000. K.H. Sadia, Sub-Inspector, Nadiad shall undergo simple
~imprisonment for a period of five months and will pay a fine of Rs.2000 C
and in default he will undergo one month's simple imprisonment.
Valjibhai Kalajibhai, Head Constable and Pratap Singh, Constable,
both are convicted and awarded simple imrisonment for a period '"of
two months and a fine of Rs.500 each, in default· they would undergo
simple imprisonment for a further period of 15 days. M.B. Savant, D
Mamlatdar is convicted and awarded two month's simple imprison-
ment and a fine of Rs.1000 and in default he would undergo one
month's simple imprisonment. D.K. Dhagal, the then District
1 Superintendent of Police, Kheda, is convicted and sentenced to impri-
sonment for a period of one month and to pay a fine of Rs.1000 and in
default to undergo simple imprisonment for 15 days. So far as other E
respondents against whom notices of contempt have been issued by the
Court, there is no adequate material on record to hold them guilty of
contempt of court, we accordingly discharge the notices issued to
them.
J

Before we proceed further, we would like to express the Court's F
displeasure on the conduct of K. Dadabhoy, the then Director General
of Police, Gujarat. As the head of the Police in the State·he was
expected to intervene in the matter and to ensure effective action
against the erring Police Officers. We are constrained to observe that
he was totally indifferent to the news that a CJM was arrested, hand-
cuffed, roped and assaulted. He took this news as a routine matter G
without taking any steps to ascertain the correct facts or effective
'> action against the erring Police Officers. If the head of the Police
administration in the State exhibits such indifference to a sensitive
matter which shook the entire judicial machinery in the State, nothing
• better could be expected from his subordinate officers .. K. Dadabhoy
did not act like a responsible officer. The State Government should H
I
11
1000 SUPREME COURT' REPORTS [1991] 3 S.C.R.

take action against him departmentaly on the basis of the findings
A
recorded by the Commission. The State Government has initiated pro-
ceedings against other erring officers in respect of whom the Commis-
sion has adversely commented, we would make it clear that discharge \.
of contempt notices does not absolve those officers of their miscon-
duct, the State Government is directed to proceed with the disciplinary
B proceedings for taking appropriate action against them.

We are constrained to observe that the State Government did
not immediately take effective steps against the erring officials. In
spite of the direction issued by this Court the erring Police Officers
were neither arrested nor placed under suspension'. It was only after
this Court took serious view of the matter and directed the State
c Government to suspend the erring Police Officers and arrest them, the '
State Government moved in the matter. The apathy of the State
Government in taking effective action against the erring Police Offi-
cers leads to an impression that in the State of Gujarat. Police appears
to have upper-hand, as the administration. was hesitant in taking •
D action against the erring Police Officers. If this practice and tendency
is allowed to grow it would result in serious erosion of the Rule of Law
in the State. We hope and trust that the State Government will take
effective measures to avoid re-{)ccurrence of any such instance. The
State Government should further take immediate steps for the review
and revision of the Police Regulations in the light of findings recorded
E by the Commission.

The facts of the instant case demonstrate that a presiding officer
of a court may be .arrested and humiliated on flimsy and manufactured
charges which could affect the administration of justice. In order to
avoid any such situation in future, we consider it necessary to lay down
F guidelines which should be followed in the case of arrest and detention
of a Judicial Officer. No person whatever his rank, or designation may
be, is, above law and he must face the penal consequences of infraction
of criminal law. A Magistrate, Judge or any other Judicial Officer is
liable to criminal prosecution for an offence like any other citizen but
in view of the paramount necessity of preserving the independence of
G judiciary and at the same time ensuring that infractions of law are
properly investigated, we think that the following guidelines should be
followed.

(A) If a judicial officer is to be arrested for some offence, it
should be done under intimation to the District Judge or the
H High Court as the case may be.
1001 JUDL. SERVICE ASSN. v. STATE OF GUJARAT (SINGH, i.)

(Bl If facts ·and circumstances necessitate the immediate arrest
A
of a judicial officer of the subordinate judiciary, a technical or
formal arrest may be effected.
j
(C) The facts of such arrest should be immediately communi-
cated to the District and Sessions Judge of the concerned District
I and the Chief Justice of the High Court. B

(D) The Judicial Officer so arrested shall not be taken .to a
police station, without the prior order or directions of the Dis-
trict & Sessions Judge of the concerned District, if available.
'
(E) Immediate facilities shall be provided to the Judicial Officer
" fo communication with his family members, legal advisers and
c
Judicial Officers, including the District & Sessions Judge.

(F) No statement of a Judicial Officer who is under arrest be
. recorded nor any panchnama be drawn up nor any medical tests
be conducted except in the presence of the Legal Adviser of the D
Judicial Officer concerned or another Judicial Office of equal or
higher rank, if avaitable. · . ·

(G) There should be no handcuffing of a Judicial Officer. If,
however, violent resistance to arrest is offered or there is immi-
nent need to effect physical arrest in order to avert danger to life E
and limb, the person resisting arrest may be over-powered and
handcuffed. In such case, immediate report shall be made to the
District & Sessions Judge concerned and also to the Chief Justice
l) of the High Court. But the burden would be on the Police to
establish necessity for effecting physical arrest and handcuffing
the Judicial Officer and if it be established that the physical F
arrest and handcuffiQg of the Judicial Officer was unjustified, the
Police Officers causing or responsible for such arrest and hand-
cuffing· would be guilty of misconduct and would also be per-
sonally liable for compensation and/or damages as may be sum-
marily determined by the High Court.
G
The above guidelines are not exhaustive but these are minimum
safeguards which must be observed in .:1.,se of arrest of a judicial
officer. These guidelines should be imple ented by the State Govern- ·
ment as well as by the High Courts. We, 86:Cordingly, directthat a copy
of the guidelines shall be forwarded to th'e Chief Secretaries of all the
State Governments and to all the High Courts with a direction that the H

..
1002 SUPREME COURT REPORTS [1991) 3 S.C.R.

A same may be brought to ·the notice of the concerned officers fol
compliance.
)..
·We do not approve N.L. Patel's conduct in visiting the Police
Station on the invitation of Police Inspector Sharma. In our opinion,
no Judicial Officer should visit a Police Station on his own except in
B
connection with his official and judic'al duties and functions. If it is
necessary for a Judicial Officer or a Subordinate Judicial Officer to
visit the Police Station in connection with his official duties, he must
do so with prior intimation of his visit to the District & Sessions Judge.

Pursuant to this Court's appeal made o.n September 29, 1989, the
c members of the Bar as well as the members of the Judiciary through·
out the country refrained from going on strike as a result of which
inconvenience to general public was avoided and the administration of
justice continued. The Court is beholden to the memblrr:ohhe Bar
and members of the Judiciary for their response to this Court's appeaL
D We record our appreciation of the able assistance rendered to
the Court by the learned counsel for the parties. We are beholden to
Sri Soli J. Sorabjee, the then Attorney-General, who at our request
ably assisted the Court in resolving complex questions of law.

The Writ Petitions, Contempt Petitions and Criminal Miscel·
E laneous PetitioM are disposed of accordingly.

N.V.K. Petitions disposer.I of.

•