Supreme Court of India
PARENTS ASSOCIATION OF STUDENTSversusM.A. KHAN AND ANOTHER
- Citation
- 2008 INSC 1452
- Decided
- 16 December 2008
- Disposal
- Disposed off
- Bench
- S B SINHA
Holding
A contempt petition cannot be maintained against a non‑party to the original proceedings unless an exceptional case is established, rendering the interim order and the special appeal invalid.
Summary
The Parents Association of Students filed a writ petition seeking regulation of professional education fees in Uttar Pradesh. After the High Court’s Single Judge gave directions, the State issued a government order allowing a medical college (run by respondent No.1, M.A. Khan) to collect fees, which the association alleged amounted to contempt of the High Court. The Single Judge issued notice and stayed the order, and respondent No.1 was impleaded as a contemnor despite not being a party to the original writ. Respondent No.1 filed a special intra‑court appeal under the Letters Patent; the High Court Division Bench held the appeal maintainable. The Supreme Court was asked to decide whether the special appeal was maintainable vis‑à‑vis an appeal under Section 19 of the Contempt of Courts Act, 1971, and whether a non‑party could be proceeded against in contempt. The Court declined to decide the larger jurisdictional question, noting it was referred to a larger bench, but held that a person who is not a party to the original proceedings cannot be subjected to contempt proceedings except in exceptional cases. Consequently, the interim order and the special appeal were set aside, and the Single Judge was directed to consider the contempt matter only after the pending writ petition is disposed of. The appeal was disposed of without costs.
Issues considered
- Whether a special appeal under the Letters Patent is maintainable against an interim order passed in contempt jurisdiction when an appeal under Section 19 of the Contempt of Courts Act, 1971 is also available.
- Whether a person who is not a party to the original proceedings can be proceeded against for contempt of court.
Legislation cited
Subjects
Contempt of CourtSection 19Special AppealNon‑party contemptInterim orderProfessional education feesGovernment orderHigh Court jurisdictionLetters Patent
Judgment
[2008] 15 S.C.R. 735
IA.
PARENTS ASSOCIATION OF STUDENTS A
II.
~ M.A. KHAN AND ANOTHER
(Civil Appeal No. 7317 of 2008)
DECEMBER 16, 2008
[S.B. SINHA AND CYRIAC JOSEPH, JJ.]
Contempt of Courts Act, 1971 - s.19 - Appeal under-
\; Maintainability of, vis-a-vis maintainability of Special Appeal
under Letters Patent of High Court - Order of High Court in c
writ petition filed by appellant against State of U.P.- Contempt
petition alleging that by issuance of a subsequent G. 0., the
~ State committed contempt of High Court - Respondent No. 1,
· who purportedly derived benefit from the G. 0., also impleaded
as contemnor, even though he was not a party in the writ D
petition of appellant - Interim order passed by Single Judge
of High Court in exercise of its contempt jurisdiction staying
operation of the disputed G. 0.- Special appeal under Letters
Patent of High Court -Dispute over maintainability of the
special appeal - Division Bench of High Court held the
E
special appeal maintainable - On appeal, held: No need to
decide the larger question, namely, maintainability of appeal
under s.19 of CoQtempt of Courts Act vis-a-vis maintainability
of Special Appeal vnder Letters Patent of High Court, since
matter already referred to larger Bench - However, ordinarily,
if a person was not party to a /is and no direction was issued
i=
-.t against him, a contempt petition against him would not lie -
Single Judge of High Court, without any application of mind
in this behalf, not only issued notice but also passed interim
order which vitally affected respondent' no. 1 - Having regard
to subsequent events, particularly pendency of a writ petition G
before High Court in a related issue, it would not be fair to allow
the interim order passed by Single Judge of High Court to
....... continue; assuming that the Division Bench had no jurisdiction
735 H
736 SUPREME COURT REPORTS [2008) 17 S.C.R.
A to entertain appeal - Orders of both Single Judge and
Division Bench accordingly quashed - Single Judge directed
to consider the merit of contempt matter: only after disposal
of the said writ petition pending before High Court - Education
- Professional education - Fixation of fee - Letters Patent.
B Respondent No.1 runs a Medical College while
respondent No.2 is Secretary, Medical Education,
Government of U.P. Appellant, an Association of Parents
whose wards had taken admission in different
professional colleges including medical colleges, filed 'ti
C writ petition for a direction upon the State of U.P. to
regulate professional education so far as it, inter alia,
relates to fixation of fee. A Single Judge of the High Court
having regard to the decision of a 11 Judge Bench of this
Court in T.M.A. Pai Foundation case noticed the averment
o made on behalf of respondent No.2 that the "authorities
are bound to act in the light of the judgment of the Apex
Court and the various Government Orders" and
accordingly while disposing of the writ petition directed
the authorities "to ensure and stick on the fair statement
E made on behalf of the respondents".
Clarification as regards interpretation of various
directions/ observations made in T.M.A. Pai Foundation fell
for consideration before a Constitution Bench of this
Court in Islamic Academy of Education. In P.A. lnamdar's
F case direction to constitute various Committees ·inter alia
to determine the .quantum of fees payable· by the
students for taking admission as also tuition and other
fees to co.ntinue their studies in professional colleges,
was reiterated.
G Subsequently, the State Government issued a
Government order dated 7th September, 2006 permitting
the Medical College run by Respondent No.1 to collect
certain amount of fees for admission, which amount the
said College collected from its students. At this stage a
H contempt petition was filed by the appellant against the
)(
-1,, PARENTS ASSOCIATION OF STUDENTS v. M.A. KHAN 737
~ ANDANR.
respondents contending that by issuance of the said A
._.., G.O. dated 7th September, 2006 the State had committed
contempt of Court. Respondent No.1 was also impleaded
as contemnor even though he was not a party to the
earlier writ petition.
A Single Judge of the High Court issued notices to B
respondents for Contempt of Court and passed an
interim order staying operation of the disputed
'-1- Government order dated 7th September, 2006. An intra
court appeal by way of Special Appeal was filed
thereagainst by respondent No.1. Appellant disputed c
- maintainability of the said special appeal. A Division
Bench of the Court, however, held the said special appeal
to be maintainable.
In appeal to this Court, appellant submitted that
since an appeal in terms of s.19 of the Contempt of Courts D
Act, 1971 was maintainable, the special appeal filed by the
-< respondent should have been dismissed in limine and
that as prima facie the State committed an act of contempt
in issuing the impugned GO. dated 7th September, 2006,
respondent no.1 who was aware of the said order could E
be proceeded against for commission of contempt.
Disposing of the appeal, the Court
HELD:1. The controversy as regards exercise of
jurisdiction of the appellate court under s.19 of the
Contempt of Courts Act, 1971 is a vexed one. Whereas
F
one line of decisions is that an appeal would be
maintainable only when an order of punishment has
been made, in another decision it has been held to be
., ' I
maintainable if the jurisdiction is excised by any court
G
under the Contempt of Courts Act. The question has now
been referred to a 3 Judge Bench. Therefore, there is no
need for this two Judge Bench to decide the larger
...
1' ~
question, namely, maintainability of the appeal under
Section 19 of the Contempt of Courts Act, 1971 vis-a-vis
H
-
738 SUPREME COURT REPORTS [2008] 17 S.C.R. !.II
_....
/
A maintainability of the Special Appeal under the Letters
Patent of the High Court, since the matter has been 1'
referred to a larger Bench. [Para 15] [746-E-F]
T.M.A. Pai Foundation v. State of Karnataka, (2002) 8
SCC 481]; Islamic Academy of Education v. State of
B Karnataka, [(2003) 6 SCC 697]; P.A. lnamdar v. State of
Maharashtra, [(2005) 6 SCC 537]; Baradakanta Mishra v.
Justice Gatikrushna Misra (1975) 3 SCC 535; Midnapore
Peoples' Coop. Bank Ltd: (2006) 5 SCC 399; Babula/ v. ~
Municipal Corpn., Rat/am, [(2005) 13 SCC 101]; R.N. Dey
c v. Bhagyabati Pramanik (2000) 4 SCC 400 and Dharam
Singh v. Guljari Lal & Ors. Civil Appeal No.18852 of 2005, ~
·referred to.
· , .2.1. The contemnor or the institution which
Respondent No.1 represents, however; was not a party
D in the writ petition filed by appellant. If he was not a party,
subject to statutory interdict, only in exceptional cases,
)-
he may be proceeded against under the Contempt of
Courts Act, 1970. It is one thing to say that a direction
having been issued upon the State Government;
E issuance of a Government Order in exercise of its
jurisdiction under Article 162 of the Constitution would
attract the wrath of the Contempt of Courts Act; but it \=
would be another thing to say that a party who merely
derives benefit from such Government Order would also
F be liable to be proceeded against under the Contempt of
Courts Act despite the fact that he was not a party to the ~
judgment. The Single Judge of the High Court did not
address itself to this aspect of the matter at all. Ordinarily,
a person if not a party to the lis and n~ direction having .'
been issued against him, a contempt petition against him ~
G
would not lie. [Paras 16 and 17] [7 46-G-H; 747-A-D]
2.2. It is one thing to say that a person claiming title
-Y
or any other right is bound by a direction issued to 't
another through or under whom he is claiming a right but 'if:-
H it may not be GOrrect to opine that a person who has
-
PARENTS ASSOCIATION OF STUDENTS v. M.A. KHAN 739
...... ANDANR.
nothing to do with the functions of the State would also A
....., ~ be liable therefor. Without any application of mind in this
behalf on the part of the High Court not only a notice has
been issued but also an interim order has been passed
which vitally affects the respondent No.1. A person
aggrieved by an order must have a remedy. Technicalities B
of law should not be allowed to come on his way to move
the higher courts. [Para 19] [748-C-E]
., 2.3. If prima facie two views are possible and unless
-+
it is firmly held that the respondent No.1 not only was
bound by the directions issued by the High Court but he c
- had also defied it willfully and deliberately, he cannot be
punished for commission of contempt. If, prima facie,
respondent no.1 cannot be punished for commission of
contempt of the High Court, an interim order also should
have not been passed. [Para 23] [749-C-E] D
The State of Bihar v. Rani Sonabati Kumari AIR (1961)
SC 221 and Sushi/a Raje Ho/kar v. Anil Kak (Retd.) (2008)
7 SCALE 484, relied on.
S.N. Banerjee v. Kuchwar Lime and Stone Co. Ltd. AIR
1938 PC 295, referred to. E
3. In a case of this nature, this Court is also not
precluded from taking into consideration the subsequent
events. This Court may in appropriate cases and in
particular a case of this nature and keeping in view the
subsequent events may either refuse to interfere with the F
" impugned judgment or quash both the orders of the
Division Bench and the Single Bench on the legal
principle that if setting aside of an illegal order gives rise
to another illegal order both orders may be quashed.
Having regard to the subsequent events, and in particular, G
as the decision as to the Committee's power to fix fees
is justiciable or not is pending consideration before the
... --+-
High Court in a writ petition, it would not be fair to allow
the interim order passed by the Single Judge of the High
H
......
740 SUPREME COURT REPORTS [2008] 17 S.O.R.
·..-
A Court to continue; assuming that the Division Bench had
no jurisdiction to entertain the appeal. While, therefore, 1'
quashing both the orders, Single Judge is requested to
consider the merit of contempt matter only after disposal
of the said Writ Petition pending before the High Court.
B [Paras 22 and 26] [749-A-B; 752-B-D]
Chandra Singh v. State of Rajasthan & Anr. (2003) 6
SCC 545 and Dove Investments Pvt. Ltd. & Ors. Ii. Gujarat
Industrial Investments Corporation Ltd. & Anr. (2006) 2 SCC I
~'
619; relied on.
c Case Law Reference:
(2002) 8 sec 481
(2003) 6 sec 697
referred to
referred to
Para 4
Para 5
-
(2005) 6 sec 537 referred to Para 5
(2006) 5 sec 399 referred to Para 12
D
2005) 13 sec 101 referred to Para 12
(1975) 3 sec 535 referred to Para 14
(2000) 4 sec 400 referred to Para 14
AIR 1938 PC 295 referred to Para 18
E (2003) 6 sec 545 relied on Para 22
(2006) 2 sec 619 relied on Para 22
AIR (1961) SC 221 relied on Para 23
(2008) 7 SCALE 484 relied on Para 24
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
F
7317 of 2008 .. ...
From the Judgment and final Order dated 17.10.2006 of
the High Court of Judicature at Allahabad in Special Appeal
No 748 of 2006.
G S.N. Shukla, Deep Shikha Bhavati and B.D. Sharma for
the Appella_nt.
A. Mariaputham for M/s. Arputham Arun & Co.
+-
The Judgment of the Court was delivered by ....
S.B. SINHA, J. 1.Leave granted.
H
PARENTS ASSOCIATION OF STUDENTS v. M.A. KHAN 741
AND ANR. [S.B. SINHA, J.]
2. The question which arises for consideration in this A
appeal is as to whether a Special Appeal from an interim order
~
passed by the court in exercise of its contempt jurisdiction is
..., maintainable .
The said question arises in the following circumstances:-
B
3. Appellant-herein is an Association of Parents of the
Wards who have taken admission in different professional
colleges including medical colleges. Respondent No.1 is a
(
-\ Secretary of Era's Lucknow Medical College and Hospital while
respondent No.2 is the Secretary, Medical Education,
Government of U.P. c
~ 4. A writ petition was filed by the appellant against the
State of U .P. and others wherein a learned Single Judge of the
... High Court having regard to the decision of a 11 Judge Bench
of this Court in T.M.A. Pai Foundation v. State of Karnataka, [
(2002) 8 sec 481] while disposing of the writ petition on 31st
D
~
- August, 2006, directed as under:-
"Learned counsel appearing on behalf of the respondent
No.2 Sri Sanjay Bhasin, informs that the authorities are
bound to act in the·light of the judgment of the Apex Court
E
and the various Government Orders i.e. Government order
dated 15.7.2003 and 13.7.2005 issued in the light of the
judgment of this Court at Allahabad.
In the light of the above no further directions are required
to be issued by this Court. In the circumstances, the F
':(
authorities must ensure and stick on the fair statement
made on behalf of the respondents.
With these observations the writ petition is finally disposed
~ of."
5. Indisputably clarification as regards interpretation of G
various directions/observations made in T.M.A. Pai
Foundation (supra) fell for consideration before a Constitution
--(
Bench of this Court in Islamic Academy of Education v. State
-("' of Karnataka, [(2003) 6 SCC 697]. The mater did not stop
-i H
~
742 SUPREME COURT REPORTS [2008] 17 S.C.R.
A there~ Another Seven Judge Bench was constituted to interpret
the directions issued in Islamic Academy of Education(supra) ...,,
vis-a-vis T.M.A. Pai Foundation (supra).
In P.A. lnamdar v. State of Maharashtra, ((2005) 6 SCC
537] wherein direction to constitute various Committees inter
B alia to determine the quantum of fees payable by the students
for taking admission as also tuition and other fees to continue
their studies in professional colleges, was reiterated.
6. Respondent No.1 was not a party to the said writ :rt
petition. It, however, approached the Committee for
c determination of the quantum of fees which could be collected
from the students. The Committee refused to go into the said
~
question opining that for the year in question i.e. 2003-04 it had
no jurisdiction to decide the same.
7. Relying on or on the basis of the said opinion of the ·~
D Committee the first respondent approached the Government
of the State. A Government order was issued on 7th ~
).....
September, 2006 permitting the College to collect
Rs.2,96,000.00 as fees for admission. The College
indisputably collected the said amount from the students.
E
8. It is at this stage that a contempt petition was filed by
the appellant against the contemnors-respondents contending
that by issuance of the said G.O. dated 7th September, 2006
the State had committed contempt of Court. 1st respondent
was-impleaded as a respondent-contemnor on the plea that he ....--
F was also bound by the earlier decision of the Court. However,
he was not a party to the writ petition. .Y
9. A learned Single Judge of the High Court by his order
dated 13th September, 2006 while opining that a prima facie
case for initiating contempt proceedings under the Contempt
G
of Court Act has been made out, passed the following interim ~
order:-
"After considering the argument on behalf of the both sides -Y
this Court is of the view that issuing of the Government '"1'-
Order dated 7 .9.2006 prim a facie indicates the
H
PARENTS ASSOCIATION OF STUDENTS v. M.A. KHAN 743
AND ANR. [S.B. SINHA, J.]
commission of r;ontempt of Court. A
Let notice be issued to the opposite party no.1 and
2.
They shall file counter affidavit within three weeks.
Rejoinder affidavit maybe filed within a week thereafter.
B
List immediately thereafter.
t.
( In the meanwhile, the operation of the disputed
,,.. Government order dated 7.9.2006 shall remain stayed and
any consequential action taken by way of notices to
students shall also remain stayed. c
~
The Court is passing this order in view of the
observation of the Apex Court in Mohammad Idris and
another vs. Rustam Jehangir Bapuji and others, AIR
1984 SC 1826 where it was observed that the clear
J breach of undertaking given by the petitioner, the Court D
could also issue appropriate direction to close breach."
'~
\ 10. An intra court appeal by way of Special Appeal was
filed thereagainst by the respondent No.1. Appellant herein
raised a question of maintainability of the said appeal. A
Division Bench of the Court (Coram : Hon'ble Jagdish Bhalla, E
J. and Hon'ble D.V. Sharma, J.) on 17th October, 2006 held
the said appeal to be maintainable but did not assign any
reason in support thereof immediately, but stated :-.
"In this Special; Appeal, the Stamp Reporter has reported
that it has been presented beyond 4 days of the statutory F
'i. period. Admittedly, on 13th September, 2006 the appellant
was not being represented before the learned Single
Judge. However, notices were issued on 13.9.2006, which
was served upon the appellant on 21st September, 2006.
Therefore, it cannot be said that appeal has been filed G
qeyond 4 days of the period prescribed by the Limitation
~
Act.
~
' By the order dated 13.9.2006 passed in Criminal
~
Misc. Case No.2053 of 2006 (contempt jurisdiction) the
H
-+,,
I
744 SUPREME COURT REPORTS [2008] 17 S.C.R.
A Hon'ble Single Judge was pleased-to issue notices calling
upon the respondents including the appellant to file counter
affidavit and stayed the operation of the Government order
dated 7.9.2006 together with the consequential actions
taken by way of notices to students. ,
B A preliminary objection has been raised by Sri S.N.
Shukla, Advocate appearing for the opposite party no.1
with respect to maintainability of the instant Special
Appeal. According to him, there is no provision. of filing
Special Appeal arising out of the contempt petition. He
c has next contended that the r~spondent has rec:eived copy
of the Special Appeal at about 3 PM whereas the affidavit
. of service shows the time as 12:15 PM.
Having heard the learned counsel for the parties, we
would have dictated the order in the open Court on account
D of paucity of time we are dictating only the operative
portion of the order and the reasons would follow:-
Admit.
Issue Notice.
E Ten days time is allowed for filing objection to the
affidavit in support of the appeal. Till further orders of the
Court the order dated 13.9.2006 so far as it relate to the
appellant shall remain stayed. It would be for the parties
Counsel to inform this order to the Hon'ble Contempt
Judge."
F
Reasons in support of the said order were assigned later
on but the date thereof was stated to be 17th October, 2006
itself. A certifiEJd copy of the said order was made available to
the appellant on or about 15th January, 2007.
G 11. Appellant is, thus, before us.
12. Mr. S.N. Shukla, learned counsel appearing on behalf
of the appellant would submit that as in view of the decision of
this Court in Midnapore Peoples' Coop. Bank Ltd. v. Chunilal
Nanda, [(2006) 5 SCC 399] an appeal in terms of Section 19
H
'
PARENTS ASSOCIATION OF STUDENTS v. M.A. KHAN 745
AND ANR. [S.B. SINHA, J.]
of the Contempt of Courts Act, 1970 would be maintainable, A
~
the special appeal filed by the respondent should have been
dismissed in limine. It was urged that as the special appeal itself
was not maintainable, any interlocutory order passed therein
should be held to be a nullity. It was pointed out that in any event
as merely a show cause notice had been issued by the learned B
Single Judge by an order dated 31st August, 2006, no appeal
lay thereagainst. As the decision of the learned Single Judge
dated 31st August, 2006 was binding on the State of Uttar
~ Pradesh and as prima facie the State has committed an act
of contempt in issuing the impugned GO. dated 7th September, c
2006, the first respondent herein who was aware of the said
order could be proceeded against for commission of contempt.
Reliance in this behalf has been placed on Babula/ v.
' Municipal Corpn., Rat/am, [(2005) 13 SCC 101), where it was
-i held:-.
D
"2. The High Court appears to have proceeded on the
basis that it was settled law that a person not a party to
the original proc~edings cannot be proceeded against in
contempt. The issue is a debatable one, particularly having
regard to the law on the issue particularly in S.N. Banerjee E
v. Kuchwar Lime and Stone Co. Ltd. The order of the High
Court is set aside and the matter is remanded back for
reconsideration of the issue."
13. Mr. A. Mariarputham, learned counsel appearing on
behalf of respondent No.1, on the other hand would contend :- F
-::i. (i) A valuable right of the appellant to receive fees from
the students having been taken away by reason of
the order passed by the learned Single Judge the
Special Appeal was maintainable.
(ii) As it is accepted that an appeal under Section 19 G
of the Contempt of Courts Act would have otherwise
been maintainable before a Division Bench, it did
-+
- not matter whether the Division Bench exercised its
jurisdiction under Section 19 of the Contempt of
H
746 SUPREME COURT REPORTS [2008] 17 S.C.R.
A Courts Act or under the Letters Patent of the High
Court.
(iii) In view of the subsequent event, namely -
determination of the same amount of fees by the
Committee which has also received the approval
B of the Government having been questioned before
the High Court in a writ petition and the matter is
pending judgment, this Court should not interfere
with the impugned order.
14. The controversy as regards exercise of jurisdiction of
C the appellate court under Section 19 of the Contempt of the
Court Act is a vexed one. Whereas one line of decisions
beginning from Baradakanta Mishra v. Justice· Gatikrushna
Misra, [(1975) 3 SCC 535 ] till Midnapore Peoples' Coop.
Bank Ltd. (supra) is that an appeal would be maintainable only
D when an order of punishment has been made, in R.N. Dey v.
Bhagyabati Pramanik, [(2000) 4 SCC 400] it has been held
to be maintainilble if the jurisdiction is excised by any court
under the Contempt Courts Act.
15. The question, we may notice, has been referred to a
E 3 Judge Bench in Dharam Singh v. Guljari Lal & Ors. [Civil
Appeal No.18852 of 2005).
We, therefore, need not decide the larger question, namely,
maintainability of the appeal under Section 19 of the Contempt
F of Courts Act, 1970 vis-a-vis maintainability of the Special
Appeal under the Letters Patent of the High Court, since the y :
matter has been referred to a larger Bench. ·
16. We, however wish to deal with the basic issue.
Appellant filed the writ petition, inter alia, for a direction upon
G the State to regulate professional education so far as it, inter
alia, relates to fixation of fee. First Respondent admittedly runs
a professional institution. It, subject to any law, would be bound
by the decision of this Court in T.M.A. pai (supra). The
contemnor or the institution which he rep~esents, however, was
not a party. If he was not a party, subject to statutory interdict,
H
PARENTS ASSOCIATION OF STUDENTS v. M.A. KHAN 747
AND ANR. [S.B. SINHA, J.]
only in exceptional cases, he may be proceeded against under A
the Contempt of Courts Act, 1970. It is one thing to say that a
direction having been issued upon the State Government;
issuance of a Government Order in exercise of its jurisdiction
under Article 162 of the Constitution of India would attract the
wrath of the Contempt of Courts Act; but it would be another B
thing to say that a party who merely derives benefit from such
Government Order would also- be liable to be proceeded
against und~r the Contempt of Courts Act despite the fact that
'""¥ he was not a party to the judgment.
17. The learned Single Judge did not address itself to this c
aspect of the matter at all. Ordinarily, a person if not a party to
the lis and no direction having been issued against him, a
contempt petition against him would not lie. Whether an
exceptional case has been made out against him is yet to be
determined. D
18. In S.N. Banerjee v. Kuchwar Lime and Stone Co. Ltd.,
[AIR 1938 PC 295], it has been observed :-
"The question whether a contempt committed not by any
person inhibited by injunction for breach of that injunction
but by a person said to have aided and abetted a person E
so inhibited in breaking the injunction is of such a criminal
nature as to prevent an appeal has given rise to much
controversy, controversy which in the present case this
Board does not think it necessary to resolve. The
respondents themselves when petitioning the Court asked F
~ the Court to issue notice upon the opposite parties to show
cause why they should not be committed for contempt for
disobedience of the injunction. Strictly speaking this was
a wrong remedy to ask against Ghose and Banerjee. The
injunction was not binding ori them and they had never G
disobeyed it. The petition should have asked that they be
committed for aiding and abetting the Secretary of State
...,: in his disobedience. Indeed on the authority of 1848) - 11
Beav 180 and 181, the High Court might well have
'dismissed the petition against those two appellants and H
748 SUPREME COURT REPORTS [2008) 17 S.C.R.
A left the petitioners to apply again in proper form. Though
the High Court did not do so but treated the petition as if
application had been made to commit those appellants for
contempt in aiding and abetting the Secretary of State, yet
their Lordships do not think, the respondents have any
B cause of complaint if the Court in admitting the appeal
treated the case (as the respondents themselves had
done) as being a petition for breach of the injunction and
gave a certificate as in a civil matter." ,
¥
19. It is one thing to say that a person claiming title or any
C other right is bound by a direction issued to another through or
under whom he is claiming a right but it may not be correct to
opine that a person who has nothing to do with the functions of
the State would also be liable therefor. In any event, the issue
admittedly is a debatable one. It is required to be gone into.
o Without any application of mind in this behalf on the part of the
High- Court not only a notice has been issued but also an interim
order has been passed which vitally affects the respondents
No.1..
A person aggrieved by an order must have a remedy.
E Technicalities of law should not be allowed to come on his way
to move the higher courts.
20. If Mr. Mishra is correct in his contention that an appeal
was maintainable under Section 19~he-GonternpLoLC_Qf.!rtS
Act, such an appeal would also lie befor~ a Division Bench of
F the ~igh Co,.,urt-:11 may, subject to )ust exteptions, not matter
much as to whether an appeal is\entertained under the said
provision or under the Letters Patent of the High Court. The
Division Bench of the High Court, therefore, could entertain an
appeal subject, of course, to allocation subject matters by the
G Chief Justice of Hig~ Court.
21. There cannot, however, be any doubt or dispute that
this Court hasJhe jurisdiction to interfere with both the orders
under Article 136 of the Constitution of India.
22. Once the counsel for the parties are heard at great
H
PARENTS ASSOCIATION OF STUDENTS v. M.A. KHAN 749
AND ANR. [S.B. SINHA, J.]
length, this Court may in appropriate cases and in particular a A
case of this nature and keeping in view the subsequent events
may either refuse to interfere with the impugned judgment or
quash both the orders of the Division Bench and the Single
Bench on the legal principle that if setting aside of an illegal
order gives rise to another illegal order both orders may be B
quashed. [See Chandra Singh v. State of Rajasthan & Anr.
[(2003) 6 SCC 545] and Dove Investments Pvt. Ltd. & Ors. v.
Gujarat Industrial Investments Corporation Ltd. &Anr. [(2006)
2-SCC 619].
23. The question as to whether a person, although not a c
party in the original writ proceedings, could be proceeded
against, is a debatable one. Such a question, therefore, was
required to be determined at the threshold. If prima facie two
views are possible and unless it is firmly held that the
,,.
respondent No.1 not only was bound by the directions issued D
by the High Court but he had also defied it willfully and
deliberately, he cannot be punished for commission of contempt.
If, prima facie, appellant cannot be punished for
commission of contempt of the High Court, an interim order also
should have not been passed. E
· We draw inspiration in this regard from a decision of this
Court in The State of Bihar v. Rani Sonabati Kumari [AIR 1961
SC 221] which has since been followed in a large number of
cases.
F
· 24. Recently in Sushi/a Raje Holkar v. Anil Kak (Retd.)
[2008 (7) SCALE 484], it was held :
"19. It may be true that this Court upon hearing the parties,
by the order dated 1.5.2007 granted the respondent 15
days' time to deposit all arrea.rs of rent at the rate of
G
Rs.50,000/- per month including the rent for the month of
April 2007. We are not concerned with the implementation
--,: of the said order as violation thereof is not the subject
matter of the contempt proceedings pending before us.
The order of this Court properly construed, therefore, would H
750 SUPREME COURT REPORTS [2008] 17 S:C.R.
A mean that the admitted lease would cover only 16,000
square feet of land. Different phraseologies like "entire" ';-
and "admitted" have been used by this Court. Construction -
of the said order, therefore, must be resorted to upon
reading the same in its entirety. It is a well settled principle
B of law that if two interpretations are possible of the order
which is ambiguous, a contempt proceeding would not be
maintainable. In The State of Bihar v. Rani Sonabati
Kumari [AIR 1961 SC 221], it was stated: 'y
,
'The second contention urged was that even if on
c a proper construction of the order, read in the light
of the relevant pleadings,· the State Gov~rnment
was directed to abstain from publishing a
notification under Section 3( 1) of the Act, still, if the
order was ambiguous and equivocal and
D reasonably capable of two interpretations, a party ""''
who acted on the basis of one of such
interpretations could not be held to have willfully )---
disobeyed the order. Stated in these terms, the
contention appears unexceptionable.-For its being
E accepted in any particular case, however, two
conditions have to be satisfied: (1) that the order
was ambiguous and was reasonably capable of
more than one interpretation, (2) that the party being
proceeded against in fact did not intend to disobey
the order, but conducted himself in accordance with
F
his interpretation of the order.'
This aspect of the matter has been considered by this
Court in- Purnendu Mukhopadhyay and Ors. v. V.K.
Kapoor and Anr. [(2007) 12 SCALE 549] {See also
G Maruti Udyog Limited v. Mahinder C. Mehta and Ors.
[(2007) 11 SCALE 750]}"
. 25. Strong reliance has been placed by Mr. Mishra on
Midnapore Peoples' Coop. Bank Ltd. & Ors. (supra), wherein r
it has, inter alia, been held :
H "If the High Court, for whatsoever reason, decides an issue
PARENTS ASSOCIATION OF STUDENTS v. M.A. KHAN i5-1
AND ANR. [S.B. SINHA, J.]
or makes any direction, relating to the merits of the dispute A
between the parties, in a contempt proceedings, the
_aggrieved person is not without remedy. Such an order is
open to challenge in an intra-court appeal (if the order was
of a learned Single Judge and there is a provision for an
intra-court appeal), or by seeking special leave to appeal B
under Article 136 of the Constitution of India (in other
cases).
xxx xxx xxx
15. Interim orders/interlocutory orders passed during the
pendency of a case, fall under one or the other of the C
following categories :
(i) to (iii) ...
(iv) Routine orders which are passed to facilitate the
progress of the case till its culmination in the final 0
judgment.
-. (v) Orders which may cause some inconvenience or
some prejudice to a party, but which do not finally
determine the rights and obligations of the parties."
26. We may, however, notice that in an earlier decision of E
this Court in R.N. Dey & Ors. (supra) it was opined:
"In our view the aforesaid contention for the learned
counsel for the respondents requires to be rejected on the
ground that after receipt of the notice, officers concerned
tendered unconditional apology and after accepting the F
same, the High Court rejected the prayer for discharge of
the rule issued for contempt action. When the court either
suo motu or on a motion or a reference, decides to .take
action and initiate proceedings for contempt, it assumes
jurisdiction to punish for contempt. The exercise of G
jurisdiction to punish for contempt commences with the
initiation of a proceeding for contempt and if the order is
passed not discharging .the rule issued in contempt
proceedings, it would be an order or decision in exercise
of its jurisdiction to punish for contempt. Against such H
752 SUPREME COURT REPORTS [2008] 17 S.C.R.
A order, appeal would be maintainable."
27. As indicated hereinbefore, the matter is pending
before a Three Judge Bench.
In a case of this nature, this Court is also not precluaed
from taking into consideration the subsequent events. Having
B regard to the subsequent events, and in particular as, the
decision as to the Committee's power to fix fees i~ justiciable
or not is pending consideration, it would not be fair to allow the
interim order passed by the learned Single Judge to continue;
assuming that the Division Bench had no jurisdiction to
C entertain the appeal and consequently pass the interim order
staying the operation of the order of the learned Single Judge.
While, therefore, quashing both the orders, we would request
the learned Single Judge to consider the merit of contempt
matter only after disposal of the Writ Petition No.2117 (M/S) of
D 2006.
27. Appeal is disposed of accordingly. No costs.
B.B.B Appeal disposed of.
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