Puran Singh Bisht vs Ashok Kumar And Others

Raghvendra Singh Chauhan, CJ

The present appeal has been filed against the order, dated 10.08.2021, passed by a learned Single Judge in Contempt Petition No. 462 of 2019. By the said order, the learned Single Judge has closed the contempt petition, and discharged the notice.

The present appeal has been filed under Section 19 of the Contempt of Courts Act, 1971 ('the Act' for short). Section 19 of the Act is as under:-

"19. Appeals-(1) An appeal shall lie as of right from any order or decision of High Court in the exercise of its jurisdiction to punish for contempt-

(a) where the order or decision is that of a single judge, to a Bench of not less than two judges of the court;

(b) where the order or decision is that of a Bench, to the Supreme Court:

Provided that where the order or decision is that of the Court of the Judicial Commissioner in any Union territory, such appeal shall lie to the Supreme Court

(2) Pending any appeal, the appellate court may order that-

(a) the execution of the punishment or order appealed against be suspended;

(b) if the appellant is in confinement, he be released on bail; and

(c) the appeal be heard notwithstanding that the appellant has not purged his contempt.

(3) Where any person aggrieved by any order against which an appeal may be filed satisfies the High Court that he intends to prefer an appeal, the High Court may also exercise all or any of the powers conferred by sub-section (2).

(4) An appeal under sub-section (1) shall be filed-

(a) in the case of an appeal to a Bench of the High Court, within thirty days;

(b) in the case of an appeal to the Supreme Court, within sixty days, from the date of the order appealed against."

It is, indeed, a settled position of law that no appeal would lie against a contempt order, whereby the writ-contemnor has been discharged, and has not been punished.

In the present case, the writ-contemnor has not been punished. Therefore, no appeal is maintainable under Section 19 of the Act.

For the aforementioned reasons, this appeal is not maintainable; hence, it is dismissed.

No order as to costs.