Delhi HC says it has no jurisdiction to entertain criminal contempt reference from CAT

Image
Press Trust of India New Delhi
Last Updated : Jun 15 2019 | 12:50 PM IST

Delhi High Court has said it does not have the jurisdiction to entertain criminal contempt reference received from the Central Administrative Tribunal (CAT) and remitted back the matter to the tribunal.

Hearing a case, it said the CAT has exclusive jurisdiction to entertain such contempt proceedings.

The High Court was hearing a case registered on the basis of reference received in April from the Principal Registrar, CAT on an order passed by the tribunal in the case involving whistleblower officer Sanjiv Chaturvedi.

The order mentioned the gist of developments that had taken place in open court including issuance of a show cause notice to Mehmood Pracha, Chaturvedi's counsel to explain as to why contempt proceedings for the acts on his part be not initiated.

On the next date of hearing, i.e. February 22, 2019, time was sought to file reply and it was granted.

However, no explanation was filed by the counsel for the petitioner.

On the other hand, an application was filed by the petitioner with a prayer to correct the order.

The CAT then felt that having regard to various developments that have taken place, it is no longer feasible for it to deal with the contempt case and it was decided to place the matter before the Chief Justice of Delhi High Court to take appropriate steps as are warranted in law.

While deciding the case on May 30, the HC said it is of the view that it does not have the jurisdiction to entertain the present criminal contempt reference received from the CAT.

"This Court is further of the opinion that Section 15(2) of the Contempt of Courts Act, 1971 has no application in the context of contempt of CAT."

Disclaimer: No Business Standard Journalist was involved in creation of this content

*Subscribe to Business Standard digital and get complimentary access to The New York Times

Smart Quarterly

₹900

3 Months

₹300/Month

SAVE 25%

Smart Essential

₹2,700

1 Year

₹225/Month

SAVE 46%
*Complimentary New York Times access for the 2nd year will be given after 12 months

Super Saver

₹3,900

2 Years

₹162/Month

Subscribe

Renews automatically, cancel anytime

Here’s what’s included in our digital subscription plans

Exclusive premium stories online

  • Over 30 premium stories daily, handpicked by our editors

Complimentary Access to The New York Times

  • News, Games, Cooking, Audio, Wirecutter & The Athletic

Business Standard Epaper

  • Digital replica of our daily newspaper — with options to read, save, and share

Curated Newsletters

  • Insights on markets, finance, politics, tech, and more delivered to your inbox

Market Analysis & Investment Insights

  • In-depth market analysis & insights with access to The Smart Investor

Archives

  • Repository of articles and publications dating back to 1997

Ad-free Reading

  • Uninterrupted reading experience with no advertisements

Seamless Access Across All Devices

  • Access Business Standard across devices — mobile, tablet, or PC, via web or app

More From This Section

First Published: Jun 15 2019 | 12:50 PM IST

Next Story