H.G. RANGANGOUDversusM/S. STATE TRADING CORPORATION OF INDIA LIMITED & ORS.

               [2011] 13 (ADDL.) S.C.R. 97


                    H.G. RANGANGOUD                              A
                              v.
M/S. STATE TRADING CORPORATION OF INDIA LIMITED
                        & ORS.
       (Criminal Appeal Nos. 2056-2059 of 2011)
                                                                 B
                   NOVEMBER 11, 2011
[H.L. DATTU AND CHANDRAMAULI KR. PRASAD, JJ.]

    CONTEMPT OF COURTS ACT, 1971:
                                                                 c
    s. 2(c)(ii) - Criminal contempt - Interference with due
course of judicial processing - Orr;ler passed by single
Judge of High Court in writ petition - Writ petitioner moved
the State Government to implement the said order - Writ
appeal filed subsequently - Meanwhile State Government D
processed the matter - Division Bench of the High Court
initiated suo motu contempt proceedings against the writ
petitioner and the Officer of the State Government - HELD:
In the instant case, even before filing of the appeal the
appellant had brought to the notice of the State Government E
the order passed by the Single Judge and sought its
implementation - In the representation he had not voiced and
could not have voiced any opinion on the appeal as the same
was not filed till then - The order of the Single Judge was not
stayed - Further, mere filing of the appeal would not operate F
as a stay of the order appealed from - The act alleged in no
way prejudices or interferes or tends to interfere with the due ·
course of any judicial proceeding - The proceeding initiated
against the appellant as a/so the Officer is not just and
appropriate but is an abuse of the process of the Court -
Constitution of India, 1950 - Article 215.                        G

     CONSTITUTION OF IND/A, 1950:

     Article 136 read with Article 142 -Benefit of order in
                              97                                 H
    98    SUPREME COURT REPORTS [2011) 13 (ADDL.) S.C.R.


A appeal to non-appellant - Appeal by writ petitioner
  challenging the order of Division Bench of the High Court
  initiating suo motu contempt proceedings against him and an
  Officer of the State Government- Officer not filing any appeal
  - Appeal of writ petitioner allowed - Held: It shall be too
B technical to deny the officer the relief by Supreme Court, which
  has jurisdiction for doing complete justice in any cause or
  matter pending before it - Therefore, the Officer shall a/so be
  entitled to the same relief as the appellant - Contempt of
  Courts Act, 1971 - s. 2(c).
c      The appellant applied on 16.4.2003 for grant of mining
  lease for iron ore. The State Government, by its letter
  dated 9.2.2004, recommended to the Central Government
  for grant of mining lease in favour of the appellant to an
  extent of 16.8 hectares. But, before any decision could
D be taken in the matter, the Central Government issued
  notification dated 27.6.2005 and reserved iron ore
  deposits for exploitation by the respondent-State Trading
  Corporation of India Ltd., a public sector undertaking. On
  the writ petition filed by the appellant, the single Judge
E of the High Court quashed the said notification. The
  appellant represented to the State Government to
  consider his application for grant of mining lease.
  Subsequently, the respondent filed a writ appeal before
  the Division Bench of the High Court challenging the
F order of the single Judge. No interim order was passed.
  The appeal was heard and judgment was reserved.
  Meanwhile, the respondent-Corporation brought to the
  notice of the Division Bench of the High Court that the
  State Government had sent a communication to the
G Union of India for grant of mining lease in favour of the
  writ petitioner. The High Court observed that it amounted
  to interference with the due course of judicial process
  and initiated suo motu criminal contempt proceedings
  against the appellant and the Under Secretary to the
H Government of Karnataka, Commerce and Industries
H.G. RANGANGOUD v. STATE TRADING CORPORATION               99
                OF INDIA LTD.
Department. Aggrieved, the writ petitioner filed the             A
appeals.

    Allowing the appeals, the Court

      HELD: 1. This Court seldom interferes with an order
initiating a contempt proceeding and ordinarily relegates        B
the person charged with contempt, to file a show cause
before the court which had initiated the proceeding. But
this is not an absolute rule and in the facts of a given case
when this Court comes to the conclusion that the
allegation made, even when not denied do not constitute          C
contempt, it interfere with the order initiating contempt
proceeding so as to avoid unnecessary harassment to
the person served with contempt notice. [para 5) [103-G-
H; 104-A]
                                                                 D
     2:1 The expression "criminal contempt" has been
defined u/s 2 (c) of the Contempt of Courts Act, 1971 and
in the instant case s. 2 (c) (ii), is relevant, which makes it
evident that an act which prejudices or interferes or tends
to interfere .with the due course of judicial proceeding         E
comes within the mischief of criminal contempt. The
proceeding has been initiated against the appellant for
criminal contempt on the ground that the act done by him
amounts to interference with the due course of Judicial
process. [para 6) [104-C-G-H; 105-A]
                                                                 F
      2.2 The power to punish for contempt is inherent in
courts of record and described as a necessary incident
to every court of justice. This power though inherent to
the High Court is given a constitutional status by Article
215 of the Constitution. In the instant case, even before G
filing of the appeal the appellant had brought to the notice
of the State Government the order passed by the Single
Judge and sought its implementation. In the
representation he had not voiced and could not have
voiced any opinion on the appeal as the same was not H
    100    SUPREME COURT REPORTS (2011] 13 (ADDL.) S.C.R.


A filed till then. The Under Secretary while making
  recommendation also did not voice any opinion on the
  pending appeal. The order of the Single Judge was not
  stayed. Further, mere filing of the appeal would not
  operate as a stay of the order appealed from. [para 6 &
B 7] (104-G-H; 105-A-F]

       2.3 The act alleged in no way prejudices or interferes
  or tends to interfere with the due course of any judicial
  proceeding. The proceeding initiated against the
  appellant as also the Under Secretary to the Government
C of Karnataka, Commerce and Industries Department is
  not just and appropriate but is an abuse of the process
  of the court. The impugned order is set aside. (para 8]
  [105-G-H; 106-A]

D      3. True it is that the Under Secretary to the
  Government of Karnataka, Commerce and Industries
  Department against whom the r,ontempt proceeding has
  been initiated by the impugned order has not chosen to
  file any petition before this Court, but in the facts and
E circumstances of the case, it shall be too .technical to
  deny him the relief by this Court, which has jurisdiction
  for doing complete justice in any cause or matter pending
  before it. Therefore, he shall also be entitled to the same
  relief as that of the appellant. [para 9] (106-B-C]
F       CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
    No. 2056-2059 of 2011.

      From the Judgment &Order dated 29.11.2007 of the High
  Court of Karnataka at Bangalore in Writ Appeal No. 1778 of
G 2007 C/w WA No. 1780 of 2007 and 1781 of 2007.

       P. Vishwanatha Shetty, Udaya Kumar Sagar, Bina
    Madhavan, Shashi Kiran Shetty, Vinita Sasidharan (for
    Lawyers'S Knit & Co.) for the Appellant.

H         B. Subramanya Prasad, Nandeesh Patil, Anirudh
H.G. RANGANGOUD v. STATE TRADING CORPORATION 101
                OF INDIA LTD.
Sanganeria (for V.N. Raghupathy), Anitha Shenoy for the A
Respondents.

    The Judgment of the Court was delivered by

     CHANDRAMAULI KR. PRASAD, J. 1. Petitioner,
aggrieved by the order passed by the Division Bench of the B
Karnataka High Court initiating proceeding for contempt in
exercise of its suo motu power, has preferred these special
leave petitions.

     2. Leave granted.                                                c
      3. Bereft of unnecessary details the facts giving rise to the
present appeals are that the appellant applied on 16th of April,
2003 for grant of mining lease for iron ore over an area of 350
acres in Yeshawanthnagar Range of the Kumarswamy Reserve
Forest Area within Sandur Taluk in Bellary District of the State      D
of Karnataka. The State Government processed the request
and in exercise of powers under Section 5 (1) of the Mines and
Minerals (Development and Regulation) Act, 1957 (hereinafter
referred to as 'the Act') by its letter dated 9th of February, 2004
recommended to the Central Government for grant of mining             E
lease in favour of the appellant to the extent of 16.8 hectares.
However before any decision could be taken, the Central
Government issued notification dated 27th of June, 2005 in
exercise of the power under Section 17 A (1A) of the Act and
reserved iron ore deposits in the area in question for                F
exploitation by State Trading Corporation of India Limited, a
public sector undertaking. In view of the aforesaid reservation
the Central Government returned the proposal of the State
Government to grant mining lease to the appellant by its letter
dated 21st of July, 2005. Aggrieved by the aforesaid                  G
notification appellant preferred WP No. 19339 of 2005 (H.G.
Rangangoud v. Minister of Coal & Mines, represented by the
Secretary & Ors.) before the Karnataka High Court, inter alia
praying for quashing the notification reserving the iron ore
 deposits in favour of the State Trading Corporation of India         H
    102    SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R.


A    Limited. The writ petition filed by the appellant was heard along
    with another writ petition filed by Salgaocar Mining Industries
     Private Limited and the learned Single Judge by its judgment
     and order dated 14th of August, 2007 quashed the aforesaid
     notification dated 27th of June, 2005. Armed with the order of
B   the High Court, appellant represented to the State Government
    to consider his application for grant of mining lease by its
    representation dated 18th of September, 2007. After one day
    of filing of the representation i.e. on 20th of September, 2007
    the State Trading Corporation, aggrieved by the order of the
C   learned Single Judge preferred appeal before the High Court.
    Said appeal was posted for consideration on 3rd of October,
    2007 and the Division Bench of the High Court taking into
    consideration the 'enormity' of the case and finding that all the
    parties have been served and represented, directed for its final
D   disposal on 11th of October, 2007. However, no interim order
    was passed. As directed, the matter was heard and reserved
    for judgment but before the judgment could be pronounced the
    State Trading Corporation, the appellant before the High Court,
    brought to its notice that "when the matter was in the hearing
    process, Government of Karnataka has sent a communication
E   to the Union of India for mining lease in favour of the writ
    petitioners". The Division Bench of the High Court, when
    informed about the aforesaid fact "called upon the Government
    Advocate to explain this situation". The explanation was
    furnished in which it was inter alia stated that "as there was no
F   interim order granted in the writ appeal and keeping in view
    the fact that if the mining area is not sanctioned to the writ
    petitioners the existing mining operation would be forced to
    close down and keeping in view the jeopardy to the workmen,
    such recommendation has been made." The explanation put
G   forth by the State Government did not find favour with the High
    Court and on its prima facie finding that the aforesaid conduct
    "amounts to interference with the due course of judicial process"
    initiated suo motu criminal contempt proceedings against the
    appellant herein and K. Jayachandra, Under Secretary to the
H   Government of Karnataka, Commerce and Industries
H.G. RANGANGOUD v. STATE TRADING CORPORATION 103
   OF INDIA LTD. [CHANDRAMAULI KR. PRASAD, J.)
Department. While doing so the High Court observed as                   A
follows:

    " ........ On going through the affidavit as well as the records,
    prima facie it appears to us that there is a clear attempt
    on the part of the writ petitioner Mr. H.G. Rangangoud and
                                                                        8
    the concerned official to take such action when the grant
    of lease/licence itself was seized and was under
    consideration by this Court thereby cause on the merit or
    decision of this court."

     4. Mr. P. Vishwanatha Shetty, Senior Advocate appearing            C
on behalf of the appellant submits that the appellant had filed
the representation in the light of the order of the learned Single
Judge even before the appeal was filed against the judgment
of the learned Single Judge and hence it cannot be said that
the appellant in any way interfered with the due course of judicial     D
process. Accordingly he submits that the order initiating the
proceeding for criminal contempt deserves to be set aside. Ms.
Anitha Shenoy appears on behalf of the State of Karnataka and
submits that the act of filing the representation by the appellant
and the recommendation made by the Under Secretary in no                E
way interferes with the due course of judicial process and in
such a state of affairs she is not in a position to defend the
order of the High Court. At the same breath she reminds us
that contempt is a matter between the court and the contemnor
and this Court may take the view which it considers just and            F
proper.
      5. We have given our most anxious consideration to the
submissions advanced and at the outset we may observe that
this Court seldom interferes with an order initiating a contempt
proceeding and ordinarily relegates the person charged with G
contempt to file a show cause before the court which had
initiated the proceeding. But this is not an absolute rule and in
the facts of a given case when this Court comes to the
conclusion that the allegation made, even when not denied do
 not constitute contempt, interferes with the order initiating H
    104 SUPREME COURT REPORTS [2011) 13 (ADDL.) S.C.R.


A contempt proceeding so as to avoid unnecessary harassment
  to the person served with contempt notice. We proceed to
  consider the present appeal bearing in mind the aforesaid
  principle.

        6. It is relevant here to state that the proceeding has been
8
  initiated against the appellant for criminal contempt on the
  ground that the act done by the appellant amounts to
  interference with the due course of judicial process. The.
  expression "criminal contempt" has been defined under Section
  2 (c) of the Contempt of Courts Act, 1971 and in the present
C case we are concerned with Section 2 (c) (ii), the same reads
  as follows:

        "2. Definitions. - In this Act, unless the contex1 otherwise
        requires, -
D
              xxx                     xxx               xxx
        (c) "criminal contempt" means the publication (whether by
        words, spoken or written, or by signs, or by visible
        representation, or otherwise) of any matter or the doing of
E       any other act whatsoever which -

              xxx                     xxx               xxx
        (ii) prejudices, or interferes or tends to interfere with, the
        due course of any judicial proceeding; or
F
              xxx                     xxx               xxx.·
       From a plain reading of the aforesaid provision it is
  evident that an act which prejudices or interferes or tends to
G interfere with the due course of judicial proceeding comes
  within the mischief of criminal contempt. The power to punish
  for contempt is inherent in Courts of record and described as
  a necessary incident to every court of justice. The power is
  inalienable attribute of court and inheres in every Court of
H record. This power though inherent to the High Court is given
H.G. RANGANGOUD v. STATE TRADING CORPORATION 105
   OF INDIA LTD. [CHANDRAMAULI KR. PRASAD, J.)
a constitutional status by Article 215 of the Constitution. It is to   A
secure public respect and confidence in the judicial process.
Rule of law is the basic rule of governance of any civilized
democratic polity. It is only through the courts that rule of law
unfolds its contours and establishes its concept. For the
judiciary to carry out its obligations effectively and true to the     B
spirit with which it is sacredly entrusted the task, constitutional
courts have been given the power to punish for contempt, but
greater the power; higher the responsibility.

     7. In the present case, even before filing of the appeal the
appellant has brought to the notice of the State Government the        C
order passed by the learned Single Judge and sought its
implementation. In the representation he had not voiced and
could not have voiced any opinion on the appeal as the same
was not filed till then. The Under Secretary while making
recommendation also did not voice any opinion on the pending           D
appeal. It has to be borne in mind that any attempt to influence
the outcome of the matter pending before the court to prejudice
the parties therein may prejudice or interfere with the due course
of any judicial proceeding but in our opinion, mere filing of the
representation and making recommendation thereon in no way             E
prejudices or interferes or tends to interfere with the due course
of any judicial proceeding. In our opinion, it is criminal contempt
to voice opinion on a case pending in court as that would seem
to influence the outcome of the matter and to prejudice the
parties therein. However, we hasten to add that fair reporting         F
of court proceedings and fair comments on the legal issues do
not amount to contempt. The order of the learned Single Judge
was not stayed. Further, mere filing of the appeal would not
operate as a stay of order appealed from.
                                                                       G
     8. When tested on the aforesaid anvil we are of the
opinion that the act alleged in no way prejudices or in~erf~r~s
or tends to interfere with the due course of any 1ud1c1al
proceeding. From the conspectus of the discussi~n a~o~~said
we have no doubt in our mind that the proceeding 1mt1ated              H
    106    SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R.


A against the appellant as also the Under Secretary t0 the
  Government of Karnataka, Commerce and Industries
  Department is not just and appropriate and an abuse of the
  process of the court. This being so, we are duty bound to
  interfere at this stage itself.
B
       9. True it is that Under Secretary to the Government of
  Karnataka, Commerce and Industries Department against
  whom the contempt proceeding has been initiated by the
  impugned order, not chosen to file any petition before this Court
  but in view of what has been observed above we are of the
C opinion that it shall be too technical to deny him the relief by
  this Court, which has jurisdiction for doing complete justice in
  any cause or matter pending before it. Therefore, he shall also
  be entitled to the same relief as that of the appellant.

D       10. Accordingly, these appeals are allowed, the impugned
    judgment and order is set aside.
    R.P.                                        Appeals allowed.