MUTHU KARUPPANversusPARITHI LLAMVAZHUTHI AND ANR.

                    [2011] 5 S.C.R. 329


                   MUTHU KARUPPAN                             A
                             v.
           PARITHI LLAMVAZHUTHI AND ANR.
           (Criminal Appeal No. 1376 of 2004)
                      APRIL 15, 2011                           B
       [P. SATHASIVAM AND H.L. GOKHALE, JJ.]

    Contempt of Courts Act, 1971:

     s.2(c) - Giving false evidence by filing false affidavit - C
Criminal case registered against respondent-MLA - Sessions
Judge granted him conditional bail for attending the
Legislative
\
             Assembly to take oath as MLA - Respondent-
MLA filed contempt application alleging that on the direction,
supervision and knowledge of the appellant (Commissioner o
of Police), respondent no.2 (Inspector) filed an application for
cancellation of conditional bail granted to respondent no. 1
and obtained stay of the bail order on the basis of false
statement/false affidavit thereby preventing him from attending
the Assembly and taking oath as MLA - High Court held the E
appellant and respondent no.i guilty and sentenced them to
imprisonment for seven days - On appeal, held: Mere
suspicion cannot bring home the charge of making false
statement - Contempt proceedings being quasi criminal in
nature, burden and standard of proof is the same as required
in criminal cases - There was no material that the affidavit F
containing wrong information filed by respondent no.2 was
made at the instance of the appellant - Affidavit of the
government counsel also showed that he drafted the affidavit
purely on the instructions of respondent no. 2 and that the ·
appellant had no personal knowledge of it - Respondent no. G
2 also specifically denied that the application for cancellation
of bail was moved under the direction, supervision and
knowledge of the appellant - Apart from specific information

                             329                               H
    330      SUPREME COURT REPORTS                  [2011! 5 S.C.R.


A   in the form of an affidavit highlighting his stand before the
    High Court which dealt with the contempt petition, the
    appellant had also tendered unconditional apology which was
    not even referred to, before passing orders sentencing the
    appellant to imprisonment - In the absence of specific
B reference about consultation with the appellant, it cannot be
    presumed and concluded that the appellant was responsible
    for incorrect information given by respondent no. 2 before the
    High Cowt - Furlher s. 15 of the Act as well as the Madras
    High Courl Contempt of Courl Rules insist that for initiation
c   of criminal contempt, consent of the Advocate General is
  · required - Any deviation from the prescribed Rules should
    not be ac;cepted or condoned lightly and must be deemed to
    be fatal to the proceedings taken to initiate action for contempt
    - These provisions were not strictly adhered to - Therefore,
    the order of High Court convicting and sentencing the
D
    appellant is not sustainable and is set aside - Constitution
    of India - Articles 215 and 225 - Madras High Court
    Contempt of Courl Rules, 1975.

          s.2(c) - Criminal contempt - Jurisdiction of court to
E   initiate proceedings for contempt - Held: While dealing with
    criminal contempt in terms of s. 2(c) of the Act, strict
    procedures are to be adhered - The jurisdiction to initiate
    proceedings for contempt as also the jurisdiction to punish
    for contempt are discretionary with the court - Contempt
F   generally and criminal contempt certainly is a matter between
    the court and the alleged contemnor - The person filing an
    application or petition before the court does not become a
    complainant or petitioner in the proceedings - He is just an
    informer - His duty ends with the facts being brought to the
G   notice of the court- It is thereafter for the courl.to act on such
    information or not - Madras High Court Contempt of Court
    Rules.                                        ·

        Respondent no.1 was elected as Member of
    Legislature Assembly in the elections. On the day of
H
MUTHU KARUPPAN v. PARITHI LLAMVAZHUTHI AND 331
                   ANR.
election, large scale vi()lence and several atte,mpts of       A
booth capturing were reported. A case was registered
against respondent no.1 for various offences. He filed an
application for anticipatory bail which was dismissed. On
17.5.2001, respondent no.1 was arrested and remanded
to judicial custody. On the same day, the appellant was        B
appointed as the Commissioner of Police. Respondent
no.1 moved an application for bail before the MM which
was dismissed on the same day. On 22.5.2001,
respondent no.1 moved an application for bail before the
Sessions Court mainly on the ground that he had to             c
attend the Assembly on 22.5.2001 to take oath as MLA.
On 23.5.2001, respondent no.1 was granted conditional
bail by the Sessions Court.

    On 24.5.2001, respondent no.2, the Inspector of
Police filed an application for cancellation of bail before    D
the High Court and sought for stay of bail granted to
respondent no.1 on the ground that the victim namely 'D'
was in a serious condition and respondent no.1 was in
police custody. The Single Judge of the High Coutt
stayed the order of grant of bail and ordered notice to        E
respondent no.1.

     On 28.5.2001, on receipt of the said notice,
respondent no.1 filed a counter affidavit stating that the
statement of respondent no.2 regarding the police              F
custody was false. On 29.5.2001, Respondent no.2 filed
his reply affidavit admitting that it was a mistake by
oversight and the same was neither willful nor wanton.
On 30.5.2001, the High Court dismissed the petition for
cancellation of bail. After the said order, respondent no.1
                                                               G
filed contempt application before the High Court stating
that on the direction, supervision and knowledge of the
appellant, respondent no.2 moved an application on the
basis of a false statement to cancel the bail granted to him
                                                               H
    332      SUPREME COURT REPORTS             [2011) 5 S.C.R.


A thereby preventing him from attending the Assembly. On
  29.10.2004, the Division Bench of the High Court held the
  appellant and respondent no.2 guilty of the offence
  punishable under Section 2(c) of the Contempt of Courts
  Act and sentenced them to undergo simple imprisonment
B for 7 days under Section 12 of the Act.

       Aggrieved, the appellant filed the instant appeal
  which was admitted on 13.12.2004 and operation of
  impugned order of the High Court was stayed insofar as
C it related to the appellant. Respondent no.2 also filed
  appeal before the Supreme Court which was dismissed
  on 5.1.2005 on the ground that the case of the appellant,
  the Commissioner of Police stood entirely on different
  footing.

D         Allowing the appeal, the Court
       HELD: 1. Giving false evidence by filing false affidavit
  is an evil which must be effectively curbed with a strong
  hand. Prosecution should be ordered when it is
E considered expedient in the interest of justice to punish
  the delinquent, but there must be a prima facie case of
  "deliberate falsehood" on a matter of substance and the
  court should be satisfied that there is a reasonable
  foundation for the charge. The enquiry/contempt
  proceedings should be initiated by the court in
F exceptional circumstances where the court is of the
  opinion that perjury has been committed by a party
  deliberately to have some beneficial order from the court.
  There must be grounds of a nature higher than mere
  surmise or suspicion for initiating such proceedings.
G There must be distinct evidence of the commission of an
  offence by such a person as mere suspicion cannot
  bring home the charge of making false statement, more
  so, the court has to determine as on facts whether it is
  expedient in the interest of justice to enquiry into offence
H
_,J.iiUTHU""'KARUPPAN v. PARITHI LLAMVAZHUTHI AND 333
                          ANR.
~                                               .
which appears-to have been committed. {Paras 7, 8) [341- A
B-F]

     2. The contempt proceedi~gs being qu'tisi criminal in
nature, b'urden ·and standard of proof is' the same as
required in criminal cases. The charges have to be
                                                           8
fram.ed as per the statutory rules framed for the purpose
and proved beyond reasonable doubt keeping in mind
that the alleged contemnor is entitled to the benefit of
doubt. Law does not permit imposing any punishment in
contempt proceedings on mere probabilities, equally, the C
court cannot punish the alleged contemnor without any
foundation merely on conjectures and surmises. In
exercise of the powers conferred on the High Court under
Articles 215 and 225 of the Constitution of India and in
terms of Section 23 of the Contempt of Courts Act, the
Madras High Court Contempt of Court Rules, 1975 have D
been framed. The said Rules prescribe"     procedure for
initiating contempt and various steps to be adhered to.
{Paras 9, 10) (341-F-H; 342-A-C]

    R. S. Sujatha if. State of Karnataka & Ors. 2010 (12)   E
Scale 556 - relied on.
      3. In the instant case, contempt proceeding was
initiated mainly on the basis of a false statement made on
oath by Respondent No. 2 w_hich resulted in stay of the F
bail order passed by the Sessions Judge in favour of the
Respondent No. 1, and prevented him from taking oath
in the Assembly. The analysis of affidavits of the
Inspector of Police, Assistant Commissioner and Deputy
Commissioner of Police showed that there was no
acceptable material that the affidavit containing wrong G
information filed by respondent No. 2 for cancellation of
bail and stay of bail order was made at the instance of
the appellant, the Commissioner of Police. The appellant
had assumed charge as the Commissioner of Police only
                                                           H
    334     SUPREME COURT REPORTS               [2011] 5 S.C.R.


A on 17.05.2001 i.e. after formation of the new government.
  The violence in respect of election that took place on
  10.05.2001, particularly, the incident relating to
  respondent No. 1 was one week before his taking over
  charge as Commissioner of Police. The relevant time i.e.
B in 2001, the office of the Commissioner of Police was
  headed by him and there were 4 Joint Commissioners of
  Police, 15 Deputy Commissioners of Police, 64 Assistant
  Commissioners of Police besides 235 Inspectors of Police
  including SHOs of 83 Police Stations, 6 out posts and
c under whom there were 803 Sub-Inspectors of police and
  Spl. Sub-Inspectors and 9665 Head Constables and Police
  Constables. The City of Chennai is divided into six
  districts and each one of them is headed by Deputy
  Commissioner of Police of the rank of Superintendent of
  Police. When the information about mentioning wrong
0
  statement in the affidavit filed by respondent No. 2
  against the grant of bail order was brought to the notice
  of the appellant on 28.05.2001 by Deputy Commissioner
  of Police, the appellant immediately asked him to direct
E respondent No.2 to file proper affidavit before the High
  Court and clarify the matter by placing proper facts. It is
  also clear from the affidavit of the government counsel
  that he himsel{ drafted the affidavit purely on the
  instructions of respondent No. 2 and that the appellant
  had no personal knowledge nor did he instruct the
F counsel to prepare affidavit or petition to move for
  cancellation of the bail. In the later part of the order dated
  20.06.2001, the then Division Bench ordered notice to the
  Commissioner of Police (the appellant) seeking an
  explanation about the serious allegations made by
G respondent No. 1 in the contempt petition. Pursuant to
  the same, the appellant filed counter affidavit setting out
  hierarchy of officials functioning under the
  Commissioner of Police, Greater Chennai City, the
  ci'rcumstances under which he was informed about the
H incorrect affidavit filed by respondent No. 2 in the case
                                                            •,.




MUTHU KARUPPAN v. PARITHI LLAMVAZHUTHI AND 335 .
                   ANR.
and the directions issued by him to correct the mistake           A
in the proceedings relating to the cancellation of bail of..
respondent No. 1. Respondent No. 2 has specifically
denied the allegation that the application for canceilation
of bail was moved under the direction, supervision and
knowledge of the appellant. The two officers, namely,             B
Assistant Commissioner of Police and Deputy
Commissioner of Police without specifying the name of
Commissioner of Police have merely mentioned that they
had consulted their "superior officers" before filing the
application for cancellation of bail. Apart from specific         c
information in the form of an affidavit highlighting his
stand before the Division Bench which dealt with the
contempt petition, the appellant had also tendered
unconditional apology which was not even referred to
before passing orders sentencing the appellant to
                                                                  0
imprisonment. When a city like Chennai is managed by
several police officers from the level of police constable
to the Commissioner of Police, in the absence of specific
reference about consultation with the Commissioner of
Police or direction to the two officers, namely, Assistant
Commissioner of Police and Deputy Commissioner of                 E
Police merely because both of them attended the office
of the Public Prosecutor for preparation of an application
for cancellation of bail based on the affidavit of the
Inspector of Police, it cannot be presumed and concluded
that the appellant was responsible for giving incorrect           F
information by respondent No. 2 before the High Court.
[Paras 15, 21, 22] [344-B-C; 349-H; 350-A-H; 351-A-H]

    State of Kera/a v. M.S. Mani & Ors. (2001) 8 SCC 82;
Bal Thackreyv. Harish Pimpa/khute & Anr. AIR 2005 SC 396;         G
Amicus Curiae v. Prashant Bhushan and Anr. (2010) 7 SCC
592 - relied on.

   4. While dealing with criminal contempt in terms of
Section 2(c) of. the Act, strict procedures are to be
                                                                  H
    336      SUPREME COURT REPORTS            [2011] 5 S.C.R.


A adhered. The jurisdiction to initiate proceedings for
  contempt as also the jurisdiction to punish for contempt
  are discretionary with the court. Contempt generally and
  criminal contempt certainly is a matter between the court
  and the alleged contemnor. No one can compel or
B demand as of right initiation of proceedings for contempt.
  The person filing an application or petition before the
  court does not become a complainant or petitioner in the
  proceedings. He is just an informer or relator. His duty
  ends with the facts being brought to the notice of the
c court. It is thereafter for the court to act on such
  information or not. Further Section 15 of the Act as well
  as the Madras High Court Contempt of Court Rules insist
  that, particularly, for initiation of criminal contempt,
  consent of the Advocate General is required. Any
  deviation from the prescribed Rules should not be
0
  accept~d or condoned lightly and must be deemed to be
  fatal to the proceedings taken to initiate action for
  contempt. In the instant case, these provisions were not
  strictly adhered to and even the notice issued by the then
E Division Bench merely sought for explanation from the
  appellant about the allegations made by Respondent No.
  1. The Inspector of Police who made an incorrect/false
  statement for cancellation of bail was rightly punished by
  the Division Bench of the High Court and this Court
  affirmed the same by dismissing his special leave
F petition. The order of the High Court convicting the
  appellant under Section 2(c) of the Act and sentencing
  him under Section 12 to undergo simple imprisonment for
  seven days is set aside. [Paras 23, 24, 25) [352-A-H]
G        Om Prakash Jaiswal vs. D.K. Mittal (2000) 3 SCC 171 -
    relied on.
                        Case Law Reference:
          2010 (12) Scale 556   relied on           Para 10
H
MUTHU KARUPPAN v. PARITHI LLAMVAZHUTH! AND 337
                   ANR.

   . c2001) a sec s2           relied on             Para 11       A
    AIR 2005 SC 396            relied on             Para 12
    c2010) 1 sec 592           relied on             Para 13
    c2000) 3 sec 111           relied on             Para 23       B
    CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
No. 1376 of 2004.

    From the Judgment & Order dated 29.10.2004 of the High
Court of Madras in Contempt Petition No. 397 of 2001.              c
    A.K. Ganguli, V. Giri, Altaf Ahmed, M.A. Chinnasamy, K.
Krishna Kumar, V.G. Pragasam, S.J. Aristotle, Praburama
Subramanian, S. Ravi Shankar for the appearing parties.

    The Judgment of the Court w~s delivered by                     0
     P. SATHASIVAM, J. 1. This appeal is filed against the
finaljudgment and order dated 29.10.2004 passed by the
Division Bench of the High Court of Judicature at Madras in
Contempt Petition No. 397 of 2001 whereby the High Court held      E
the respondents therein guilty of the offence punishable under
Section 2 (c) of the Contempt of Courts Act, 1971 (in short 'the
Act') and sentenced to undergo simple imprisonment for 7 days
under Section 12 of the Act.

    2. Brief Facts:                                                F

     (a) Parithi llamvazhuthi-Respondent No. 1 herein was
elected as Member of Legislative Assembly (in short 'MLA')
of the Egmore Constituency, Chennai in the Elections held on
10.05.2001 to the Tamil Nadu State Legislative Assembly.           G
Large scale violence and several attempts of booth capturing
were reported on the day of election. In respect of the same,
Crime No. 958 of 2001 was registered against his opposite
party candidate John Pandian and others for various offences.
Similarly, Crime No. 960 of 2001 was registered against            H
    338       SUPREME COURT REPORTS                  [2011] 5 S.C.R.

A Respo11dent No. 1 by one David for various offences. John
  Pandian was arrested on 10.05.2001 and remanded to judicial
  custody. Respondent No. 1 filed an application for anticipatory
  bail being Crl. M.P. No. 6244 of 2001 before the Sessions
  Court, Chennai and the same was dismissed on 16.05.2001
B stating that the investigation is at an early stage and
  enlargement would hamper the investigation.

       (b) On 17.05.2001, Respondent No. 1 was arrested and
  remanded to judicial custody. On the same day, Muthu
  Karuppan-the appellant herein was appointed as
C Commissioner of Police, Greater Chennai City and assumed
  charge. On 21.05.2001, Respondent No. 1 moved an
  application for bail being Crl. M.P. No. 1379 of 2001 before
  the XIV Metropolitan Magistrate which was dismissed on the
  same day. On 22.05.2001, Respondent No. 1 moved an
D application for bail being Crl. M.P. No. 6277 of 2001 before
  the Principal Sessions Court, Chennai mainly on the ground that
  he has to attend the Assembly which has commenced on
  22.05.2001 to take oath as MLA. On 23.05.2001, Respondent
  No. 1 was granted conditional bail by the Sessions Judge.
E                                                                        r-
                                                                         '
        (c) On 24.05.2001, Rajendra Kumar, Inspector of Police,
  (L&O), Tamil Nadu-Respondent No. 2 herein, filed an
  application for cancellation of bail being Crl. O.P. No. 9352 of
  2001 before the High Court of Madras and sought for stay of
F bail granted to Respondent No. 1 herein. On the same day,
  learned single Judge of the High Court stayed the order of grant
  of bail and ordered notice to Respondent No. 1 on the ground
  that the victim, namely, David is in a serious condition and the
  accused is in police custody. On 28.05.2001, on receipt of the
G said notice, Respondent No. 1 filed a counter affidavit
  submitting that the statement of Respondent No. 2 regarding
  police custody is false. On 29.05.2001, Respondent No. 2 filed
  his reply affidavit admitting that it was a mistake by oversight
  and the same is neither willful nor wanton.

H         (d) On 30.05.2001, the petition for cancellation of bail was
MUTHU KARUPPAN v. PARITHI LLAMVAZHUTHI AND 339
          ANR. [P. SATHASIVAM, J.]
dismissed by the High Court holding that no ground was made           A
out for cancellation of the bail. After the order dated 30.05.20q~,
Respondent No. 1 filed Contempt Application No. 397 of 200~
before the High Court stating that on the direction, supervision
and knowledge of the appellant herein, Respondent No. 2
moved an application to cancel the bail granted to him on the         B
basis of false statement thereby prevented him from attending
the Assembly.

     (e) On 29.10.2004, the Division Bench of the High Court
held the respondents therein guilty of the offence punishable C
under Section 2(c) of the Act and sentenced them to undergo
simple imprisonment for 7 days under Section 12 of the Act.

     (f) Aggrieved by the judgment and order of the High Court,
appellant herein filed Criminal Appeal No. 1376 of 2004 before
this Court and on 13.12.2004, this Court admitted the appeal D
and stayed the operation of the impugned order insofar as it
relates to the appellant. Respondent No. 2 also filed Criminal
Appeal No. 1500 of 2004 befor~ this Court and by order dated
05.01.2005, this Court dismissed the appeal on merits holding
that the case of the Commissioner of Police stands entirely on E
a different footing.

    3. Heard Mr. A.K. Ganguli, learned senior counsel for the
appellant and Mr. Altaf Ahmed, learned senior counsel for
respondent No.1 and Mr. S. Ravi Shankar, learned counsel for
respondent No.2.                                                      F

      4. Before going into the correctness or otherwise of the
impugned order of the Division Bench punishing the appellant
for the offence under Section 2(c) of the Act and sentencing
him under Section 12 of the Act to undergo simple G
imprisonment for 7 days, it is IJSeful to refer the facts leading
to initiation of contempt proceeding. It is the grievance of
Respondent No. 1 that after the grant of bail, Respohdent No.
2 filed a false affidavit in Criminal O.P. No. 9352 of 2001 that
the police custody had been ordered by the XIV Metropolitan H
    340          SUPREME COURT REPORTS               [2011] 5 S.C.R.


A   Magistrate on 23.05.2001, based on which, the learned single
    Judge of the High Court stayed the order of grant of bail passed
    in favour of Respondent No. 1. After preliminary examination,
    the Division Bench, by order dated 20.06.2001, issued notice
    to Respondent No. 2 herein to show cause as to why contempt
B   proceeding against him should not be initiated for having made
    false statement with intent to mislead the Court. In the same
    proceeding, the Division Bench directed issuance of notice to
    the Commissioner of Police-appellant herein as to the
    averments of an elected MLA being in police custody could not
c   reasonably have been made prima facie without the knowledge
    of the Commissioner, more so, when the election had just taken
    place and the elected member was required to take oath, but
    by reason of his detention was being prevented from taking
    oath. In the same paragraph, it was further stated that the extent
D   to which the Commissioner had knowledge about the filing of
    the petition for cancellation of bail, the instructions, if any, he
    had given in that regard, the persons to whom such instructions
    had been given and the nature of instructions shall also be
    disclosed by the Commissioner in his affidavit.

E        5. Based on the notice issued by the Division Bench in
    its order dated 20.06.2001, the appellant-Commissioner of
    Police, Chennai City, at the relevant time and the second
    respondent Inspector of Police (L&O), Chennai filed separate
    affidavits explaining their stand.
F
         6. In order to understand the above issue, it is relevant to
    refer Section 2(c) of the Act which defines criminal contempt
    as:

          "(c) "criminal contempt" means the publication (whether by
G         words, spoken or written, or by signs, or by visible
          representation, or otherwise) of any matter or the doing of
          any other act whatsoever which-

           (i)    scandalizes or tends to scandalize, of lowers or
H                 tends to lower the authority of, any court; or
MUTHU KARUPPAN v. PARITHI LLAMVAZHUTHI AND 341
          ANR. [P. SATHASIVAM, J.]
      (ii)    prejudices, or interferes or tends to interfere with,     A
              the due course of any judicial proceeding; or

      (iii)   interferes or tends to interfere with, or obstructs or
              tends to obstruct, the administration of justice in any
              other manner."
                                                                        B
     7. Giving false evidence by filing false affidavit is an evil
which must be effectively curbed with a strong hand.
Prosecution should be ordered when it is considered expedient
in the interest of justice to punish the delinquent, but there must
be a prima facie case of "deliberate falsehood" on a matter of C
substance and the court should be satisfied that there is a
reasonable foundation for the charge.

     8. In a series of decisions, this Court held that the enquiry/
contempt proceedings should be initiated by the court in                0
exceptional circumstances where the court .is of the opinion that
perjury has been committed by a party deliberately to have
some beneficial order from the court. There must be grounds
of a nature higher than mere surmise or suspicion for initiating
such proceedings. There must be distinct evidence of the                E
commission of an offence by such a person as mere suspicion
cannot bring home the charge of making false statement, more
so, the court has to determine as on facts whether it is
expedient in the interest of justice to enquire into offence which
appears to have been committed.
                                                                        F
     9. The contempt proceedings being quasi criminal in
nature, burden and standard of proof is the same as required
in criminal cases. The charges have to be framed as per the
statutory rules framed for the purpo~e and proved beyond
reasonable doubt keeping in mind that the alleged contemnor             G
is entitled to the benefit of doubt. Law does not permit imposing
any punishment in contempt proceedings on mere probabilities,
equally, the court cannot punish the alleged contemnor without
any foundation merely on conjectures and surmises. As
observed above, the contempt proceeding being quasi criminal            H
    342      SUPREME COURT REPORTS                 [2011] 5 S.C.R.


A   in nature require strict adherence to the procedure prescribed
    under the rules applicable in such proceedings.

         10. In exercise of the powers conferred on the High Court
    under Articles 215 and 225 of the Constitution of India and in
B   terms of Section 23 of the Act, the Madras High Court
    Contempt of Court Rules, 1975 (in short 'the Rules') have been
    framed. The said Rules prescribe procedure for initiating
    contempt and various steps to be adhered to. By drawing our
    attention to the Rules, Mr. Ganguli, learned senior counsel for
    the appellant submitted that Rules 4 and 8 have not been
C   complied with. By emphasizing the principles in paras 12 and
    16 of the decision of this Court in R. S. Sujatha vs. State of
    Kamataka & Ors., 2010 (12) Scale 556, learned senior counsel
    submitted that the contempt proceedings being quasi criminal
    in nature require strict adherence to the procedure prescribed
D   under the rules applicable to such proceedings. He also
    pointed out that while sending notice, relevant documents have
    not been enclosed and the consent of Advocate General was
    not obtained for initiating contempt proceedings against the
    appellant. Insofar as the documents referred to being certain
E   orders of the court, no serious objection was taken note of for
    not sending the same.

    Consent of the Advocate General

         11. The relevant provision which deals with cognizance of
F   criminal contempt in other cases is Section 15 of the Act which
    reads as under:

          "15. Cognizance of criminal contempt in other
          cases.-(1) In the case of a criminal contempt, other than
G         a contempt referred to in Section 14, the Supreme Court
          or the High Court may take action on its own motion or on
          a motion made by-

                (a) the Advocate-General, or
H               (b) any other person, with the consent in writing to
MUTHU KARUPPAN v. PARITHI LLAMVAZHUTHI AND 343
          ANR. [P. SATHASIVAM, J:]
            the Advocate-General, or                                    A
            (c) in relation to the High Court for the Union territory
            of Delhi, such Law Officer as the Central
            Government may, by notification in the Official
            Gazette, specify in this behalf, or any other person,
            with the consent in writing of such Law Officer."           8

The whole object of prescribing procedural mode of taking
cognizance is to safeguard the valuable time of the Court from
being wasted by frivolous contempt petitions. In State of Kera/a
vs. M.S. Mani & Ors., (2001) 8 SCC 82, this Court held that C
the requirement of obtaining prior consent of the Advocate
General in writing for initiating proceedings of criminal contempt
is mandatory and failure to obtain prior consent would render
the motion non-maintainable. In case, a party obtains consent
subsequent to filing of the petition, it would not cure the initial 0
defect and thus, the petition would not become maintainable.
     12. In Ba/ Thackrey vs. Harish Pimpalkhute & Anr., AIR
2005 SC 396, this Court held that in absence of the consent
of the Advocate General in respect of a criminal contempt filed
by a party under Section 15 of the Act, taking suo motu action          E
for contempt without a prayer, was not maintainable.
     13. However, in Amicus Curiae vs. Prashant Bhushan
and Anr., (2010) 7 sec 592, this Court has considered the
earlier judgments and held that in a rare case, even if the F
cognizance is deemed to have been taken in terms of Rule 3(c)
of the Rules to Regulate Proceedings for Contempt of the
Supreme Court, 1975, without the consent of the Attorney
General or the Solicitor General, the proceedings must be held
to be maintainable in view of the fact that the issues involved
in the proceedings had far reaching greater ramifications and G
impact on the administration of justice and on the justice delivery
system and the credibility of the court in the eyes of general
public.

     14. It is clear from the recent decision of this Court in          H
    344      SUPREME COURT REPORTS                  [2011) 5 S.C.R.


A   Prashant Bhushan's case (supra) that if the issue involved in
    the proceedings had greater impact on the administration of
    justice and on the justice delivery system, the court is competent
    to go into the contempt proceedings even without the consent
    of the Advocate General as the case may be.
8         15. Now, coming to the merits of the impugned order of
    the High Court, contempt proceeding was initiated mainly on
    the basis of a false statement made on oath by Respondent
    No. 2 which resulted in stay of the bail order passed by the
    Sessions Judge, Chennai in favour of the Respondent No. 1,
C   and prevented him from taking oath in the Assembly. Inasmuch
    as the High Court has dealt with the issue elaborately on
    factual aspects and we also adverted to the same in the earlier
    part of our judgment, there is no need to traverse the same once
    again. In respect of violence on the day of election, Respondent
D   No. 1 was arrested and remanded to judicial custody on
    17.05.2001. On the same day, that is, on 17.05.2001, the
    appellant was appointed as Commissioner of Police, Greater
    Chennai City and assumed charge. On 21.05.2001,
    Respondent No. 1 moved an application for bail in Crl. M.P.
E   No. 1379 of 2001 before the XIV Metropolitan Magistrate which
    was dismissed on the same day. On 22.05.2001, Respondent
    No. 1 moved an application for bail before the Sessions Judge
    in Crl. M.P. No. 6277 of 2001 mainly on the ground that as the
    new Assembly Session commences on 22.05.2001, he has to
F   take oath and further the victim, namely, David has also been
    discharged from the hospital. On 23.05.2001, Respondent No.
    1 was granted conditional bail by the Sessions Judge mainly
    on the ground that he has to take oath as MLA. It is further seen
    that against grant of bail to Respondent No. 1, Inspector of
G   Police-Respondent No. 2 filed an application being Crl. O.P.
    No. 9352 of 2001 on 24.05.2001 for cancellation of bail with
    application for stay before the High Court. On the same day,
    vacation Judge of th~ High Court stayed the order of grant of
    bail to Respondent No. 1 till 29.05.2001 on the ground that
H   victim, namely, David is in serious condition and the accused
 MUTHU KARUPPAN v. PARITHI LLAMVAZHUTHI AND 345
           ANR. [P. SATHASIVAM, J.]

  Respondent No. 1 is in police custody. By pointing out that the        A
  information furnished by Respondent No. 2 in his affidavit filed
. in support of the application for stay of the order of grant of bail
  regarding his police custody is false, Respondent No. 1 filed a
  counter affidavit praying for vacation of the stay granted by the
  High Court. On 29.05.2001, Respondent No. 2 filed his reply            B
  affidavit submitting that on 23.05.2001 application seeking
  police custody of other 8 accused were made and in the
  affidavit filed in support of the petition to cancel the bail, by
  oversight, it was mentioned that police custody was also
  obtained in respect of the Respondent No. 1. He also conveyed          c
  to the court that it is a mistake by oversight and the same is
  neither willful nor wanton. On going through the material placed,
  the learned Single Judge, by order dated 30.05.2001,
  dismissed Crl. O.P. No. 9352 of 2001 filed by Respondent No.
  2 to cancel the bail granted to the first respondent by the            0
  Sessions Judge.

       16. The Division Bench, based on the materials placed by
 Respondent Nos. 1 and 2 concluded that Respondent No. 2
 has filed a false affidavit knowing well the contents of the same
 are false in order to mislead the court for preventing the              E
 petitioner therein, an MLA, from coming out of the jail thereby
 restrained him from attending the Assembly. Though
 Respondent No. 2 filed Crl. Appeal No. 1500 of 2004, the same
 was dismissed by this Court on 05.01.2005. While dismissing
 the appeal of Respondent No. 2, this Court made the following           F
 observation which is relevant and is reproduced hereunder:

      "Heard learned counsel for the appellant.

      It has been pointed out that the appeal filed by the
      Commissioner of Police has been admitted by this Court.            G
      In our view, the case of the Commissioner of Police stands
      entirely on a different footing. So far as the appellant is
      concerned, we do not find any merit in his appeal.

      Accordingly, the appeal is dismissed."                             H
    346      SUPREME COURT REPORTS                   [2011] 5 S.C.R.


A       17. The Division Bench, by the impugned order,
  proceeded on the fact that the Commissioner of Police-
  appellant herein was aware of the arrest of Respondent No. 1
  and also of the fact that as an elected MLA because of the
  wrong information by Respondent No. 2, the High Court stayed
B the order of bail and he was prevented from assuming office
  as MLA and dealt with the matter and finally convicted him
  under Section 2(c} of the Act. ft is the definite stand of the
  appellant that he was never consulted by the subordinate police
  officers before filing of the application for cancellation of bail
c and he was not aware of the contents of the said affidavit and
  as such he was not responsible. ft is also his claim that when
  the incorrect statement made in the affidavit filed in support of
  the petition was brought to his notice by Mr. Christopher Nelson,
  Deputy Commissioner of Police on 28.05.2001, he directed
D him to give instruction to Respondent No. 2 to file a proper
  affidavit and as such, he was never a party to the said false
  affidavit and, therefore, he is not liable for contempt.
         18. It is seen from the written statement made by the
    appellant before the High Court that he was informed about the
E   arrest of MLA-Respondent No. 1 and the same has been
    conveyed to the Speaker as well as the Chief Secretary. It is
    the stand of the Division Bench that the Commissioner of Police
    must have been informed by the subordinate Police Officers
    not only about the arrest of Respondent No. 1 but also his
F   release by the Sessions Judge to enable him to inform the
    Speaker and the Government. However, according to the
    Division Bench, the Commissioner did not clearly indicate
    either in the counter affidavit or in the written statement that he
    was informed about the bail order passed by the Sessions
G   Judge on 23.05.2001. The High Court has also referred to the
    general powers of the Commissioner of Police with reference
    to certain standing orders issued by the Government. There is
    no dispute that the Commissioner of Police being Head of the
    Police Force of the City, if he comes across the arrest/release
H   of an elected MLA, he is duty bound to inform the Speaker as
MUTHU KARUPPAN v. PARITHI LLAMVAZHUTHI AND 347
          ANR. [P. SATHASIVAM, J.]
well as the Government. However, it is his definite case and A
asserted that he was not aware of the information furnished by
Respondent No. 2 for cancellation of bail granted by the
Sessions J°udge and the ultimate stay order passed by the High
Court.
     19. In order to refute the claim of the Commissioner of              B
Police, the Division Bench heavily relied on the presence of K.
Anthonisamy, Assistant Commissioner of Police and C.
Chandrasekar, Deputy Commissioner of Police in the office of
the Public Prosecutor along with Respondent No. 2 who filed
an affidavit praying for cancellation of the bail. It is true that both   C
Assistant Commissioner of Police and Deputy Commissioner
of Police in their respective affidavits admitted their'Jpresence
in the office of the Public Prosecutor and their interaction with
one Mr. Raja, the then government counsel. It is releva'nt to refer
the information furnished in the form of an affidavit .dated              D
04.04.2003 by Christopher Nelson. According to him, he joined
as Deputy Commissioner of Police, Law and Order, Triplicane,
District Chennai City on 26.05.2001. He asserted that he was
not aware of the details of the case in question prior to
26.05.2001. The last two paragraphs, namely, paras 6 and 7                E
of his affidavit filed before the Division Bench are relevant
which read thus:
     "6. I respectfully state that Thiru K. Antony Samy, who was
     then Assistant Commissioner of Police, (Law & Order),
     Kilpauk Range, Chennai-7 informed me on 28052001, that F
     the aforesaid Parithi llamvazhuthi had filed a counter
     affidavit before the Hon'ble High Court, seeking to reject
     the application of cancellation of bail on the ground that
     some incorrect information was filed by the first respondent
     I was further informed that in the affidavit filed by the first G
     respondent seeking cancellation of bail on 24.05.2001. It
     has been stated that for granting police custody the XIV
     Metropolitan Magistrate by his order dated 23.052001 had
     directed that some accused to be produced on 28.052001.
    348       SUPREME COURT REPORTS                    [2011] 5 S.C.R.


A         7 I, respectfully submit that on the very same day, I informed
          the commissioner of Police, the second respondent about
          the allegations of mistake in the affidavit filed by the
          investigation officer, the first respondent herein, I was
          directed by the second respondent herein to instruct the
B         Assistant Commissioner of Police to file a fresh affidavit,
          if necessary before the High Court, explaining the alleged
          mistake in the affidavit filed by the first respondent earlier.
          In compliance thereof, I instructed Thiru Antony Samy, the
          Assistant Commissioner of Police, Law & Order, Kilpauk
c         Range, to see that a proper affidavit is filed by the
          inspector concerned before the Hon'ble High Court,
          explaining the circumstances under which alleged mistake
          appeared in the affidavit filed earlier by him. Accordingly,
          such an affidavit was filed before the Hon'ble High Court
          on 29.052001."
D
    It is clear at least from para 7 that when the information relating
    to making wrong statement at the instance of Respondent No.
    2 was brought to the notice of the Commissioner of Police, he
    directed the Deputy Commissioner of Police to instruct the
E   Assistant Commissioner of Police and Inspector of Police to
    file fresh affidavit explaining the alleged mistake in the affidavit
    filed by Respondent No. 2 earlier. It is also seen that pursuant
    to the said direction of the Commissioner of Police, the Deputy
    Commissioner of Police instructed one K. Anthonisamy,
F   Assistant Commissioner of Police to see that proper affidavit
    is filed by the Inspector concerned before the High Court
    explaining the circumstances under which the mistake
    appeared in the affidavit filed on earlier occasion. Pursuant to
    the notice by the Division Bench of the High Court, C.
G   Chandrasekar, Deputy Commissioner of Police at Triplicane
    also filed an affidavit to the effect that after knowing the grant
    of bail by the Principal Sessions Judge, Chennai releasing
    Respondent No. 1 after considering seriousness of the case
    and after discussion with "superior officers" it has beE;In decided
H   to move an application for cancellation of the bail in the High
MUTHU KARUPPAN v. PARITHI LLAMVAZHUTHI AND 349
          ANR. [P. SATHASIVAM, J.]
Court. The Division Bench relying on the statement of the above        A
officer concluded that the Commissioner of Police was
consulted and it was he who instructed the subordinate Police
Officers to move an application for stay of grant of bail. Though
in para 4, the deponent of the affidavit, namely, C.
Chandrasekar has mentioned that "after discussion with                 B
superior officers" it is not clear whether he consulted the
Commissioner of Police i.e. appellant herein on the relevant
issue.
      20. K. Anthonisamy, Deputy Commissioner of Police,
CBCID, Chennai Range who was working as an Assistant                   C
Commissioner of Police at Kilpauk Chennai during the relevant
period also swore an affidavit on 24.09.2004. In para 4, he also
mentioned that after discussion with "superior officers" and on
instructions, it was decided to file an application for cancellation
of bail in the High Court. Here again, the Division Bench has          D
concluded that the Commissioner of Police ought to have been
consulted by the Assistant Commissioner of Police and only
with his knowledge petition was filed for cancellation of bail. The
above averment in para 4 merely mentions discussion with
"superior officers" and there is no specific reference to the          E
Commissioner of Police who is the Head of the Police Force
in the Chennai City. In the same way, in para 5 also, the
deponent of the affidavit has mentioned that after the grant of
stay by the High Court, he intimated the development to his
superior officers. Here again, he has not specifically informed        F ·
the court that he had intimated to the Commissioner of Police.
Like Mr. Nelson, Deputy Commissioner of Police, he also
informed the court that on coming to know the discrepancy in
the affidavit dated 24.05.2001 filed by the Inspector of Police
for cancellation of the bail, he was directed by the                   G
Commissioner of Police to rectify the discrepancy immediately.
Accordingly, Respondent No. 2 filed the reply affidavit narrating
all the facts on 29.05.2001.
    21. The analysis of affidavits of the Inspector of Police,
Assistant Commissioner and Deputy Commissioner of Police               H
                                                                       •
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                                                                       ~
                                                                       I
                                                                        •
    350      SUPREME COURT REPORTS                 (2011] 5 S.C.R.


A show that there is no acceptable material that the affidavit
  containing wrong information filed by Respondent No. 2 for
  cancellation of bail and stay of bail order was made at the
  instance of the Commissioner of Police. We have already
  pointed out that the appellant has assumed charge as the
B Commissioner of Police only on 17.05.2001 i.e. after formation
  of the new government. The violence in respect of election that
  took place on 10.05.2001, particularly, the incident relating to
  Respondent No. 1 was one week before his taking over charge
  as Commissioner of Police. It is brought to our notice that at
c the relevant time i.e. in 2001, the office of the Commissioner
  of Police was headed by him and there were 4 Joint
  Commisioners of Police, 15 Deputy Commissioners of Police,
  64 Assistant Commissioners of Police besides 235 Inspectors
  of Police including SHOs of 83 Police Stations, 6 out posts and
D under whom there were 803 Sub-Inspectors of police and Spl.
  Sub-Inspectors and 9665 Head Constables and Police
  Constables. It is further brought to our notice that the City of
  Chennai is divided into six districts and each one of them is
  headed by Deputy Commissioner of Police of the rank of
  Superintendent of Police. It is also clear that when the
E information about mentioning wrong statement in the affidavit
  filed by Respondent No. 2 against the grant of bail order was
  brought to the notice of the appellant on 28.05.2001 by Deputy
  Commissioner of Police, namely, Christopher Nelson, the
  appellant herein immediately asked him to direct Respondent
F No.2 to file proper affidavit before the High Court and clarify
  the matter by placing proper facts. It is also clear from the
  affidavit of the government counsel E. Raja that he himself
  drafted the affidavit purely on the instructions of Respondent No.
  2 and that the appellant herein had no personal knowledge nor
G did he instruct the counsel to prepare affidavit or petition to
  move for cancellation of the bail. As rightly pointed out by Mr.
  Ganguli, learned senior counsel for the appellant, in the later
  part of the order dated 20.06.2001, the then Division Bench
  ordered notice to the Commissioner of Police (the appellant
H herein) seeking an exp!an:Jtion about the serious allegations
MUTHU KARUPPAN v. PARITHI LLAMVAZHUTHI AND 351
          ANR. [P. SATHASIVAM, J.]
made by Respondent No. 1 in para 12 of the contempt petition. A
Pursuant to the same, the appellant filed counter affidavit setting
out hierarchy of officials functioning under the Commissioner
of Police, ·Greater Chennai City, the circumstances under which
he was informed about the incorrect affidavit filed by
Respondent No. 2 in the case and the directions issued by him B
to correct the mistake in the proceedings relating to the
cancellation of bail of Respondent No. 1. We have already
pointed out that the author of the affidavit, namely, Respondent
No. 2 has not stated that it was filed under the instructions of
the appellant herein, in fact, this fact was accepted by the c
Division Bench. As a matter of fact, Respondent No. 2 has
specifically denied the allegation that the application for
cancellation of bail was moved under the direction, supervision
and knowledge of the appellant. The two officers, namely,
Assistant Commissioner of Police and Deputy Commissioner
                                                                    0
of Police without specifying the name of Commissioner of
Police have merely mentioned that they had consulted their
"superior officers" before filing the application for cancellation
of bail.
     22. Apart from specific information in the form of an E
affidavit highlighting his stand before the Division Bench which
dealt with the contempt petition, the appellant had also tendered
unconditional apology which was not even referred to before
passing orders sentencing the appellant herein to
imprisonment. When a city like Chennai is managed by several F
police officers from the level of police constable to the
Commissioner of Police, in the absence of specific reference
about consultation with the Commissioner of Police or direction
to the two officers, namely, Assistant Commissioner of Police
and Deputy Commissioner of Police merely because both of G
them attended the office of the Public Prosecutor for
preparation of an application for cancellation of bail based on
the affidavit of the Inspector of Police, it cannot be presumed
and concluded that the appellant was responsible for giving·
incorrect information by Respondent No. 2 before the High
Court.                                                            H
    352      SUPREME COURT REPORTS                   [2011) 5 S.C.R.


A         23. We have already pointed out that while dealing with
    criminal contempt in terms of Section 2(c) of the Act, strict
    procedures are to be adhered. In a series of decisions, this
    Court has held that jurisdiction to initiate proceedings for
    contempt as also the jurisdiction to punish for contempt are
B   discretionary with the court. Contempt generally and criminal
    contempt certainly is a matter between the court and the alleged
    contemnor. No one can compel or demand as of right initiation
    of proceedings for contempt. The person filing an application
    or petition before the court does not become a complainant or
c   petitioner in the proceedings. He is just an informer or relater.
    His duty ends with the facts being brought to the notice of the
    court. It is thereafter for the court to act on such information or
    not. [Vide Om Prakash Jaiswal vs. D.K. Mittal, (2000) 3 SCC
    171) Further Section 15 of the Act as well as the Madras High
    Court Contempt of Court Rules insist that, particularly, for
D   initiation of criminal contempt, consent of the Advocate General
    is required. Any deviation from the prescribed R.Jles should not
    be accepted or condoned lightly and must be deemed to be
    fatal to the proceedings taken to initiate action for contempt. In
    the present case, the above provisions have not been strictly
E   adhered to and even the notice issued by the then Division
    Bench merely sought for explanation from the appellant about
    the allegations made by Respondent No. 1.
        24. We have already noted that Rajendra Kumar, Inspector
F   of Police, (L&O), G-1, Vepery Police Station, Chennai-7 who
    made an incorrect/false statement for cancellation of bail has
    been rightly punished by the Division Bench of the High Court
    and this Court affirmed the same by dismissing his special
    leave petition.
G         25. In view of the above discussion and conclusion, the
    order of the High Court convicting the appellant under Section
    2(c) of the Act and sentencing him under Section 12 to undergo
    simple imprisonment for seven days is set aside. The appeal
    is allowed.
H   D.G.                                            Appeal allowed.