AIR 2016 SC 3267 ::2017 (1) ALJ 555 ::(2016) 3 CriLR(Raj) 671 ::(2016) 2 AllCriR 2331 ::(2016) 3 CurCriR 540 ::(2016) 4 DLT(CRL) 81 ::2016 CriLR(SC&MP) 671 ::2016 (14) SCC 251 ::(2016) 4 Mad LJ(Cri) 262 ::(2017) 4 RecCivR 1062 ::(2016) 3 RecCriR 910 ::(2016) 6 Scale 425 ::2016 CriLR(SC MAH GUJ) 671 ::(2016) 2 ALD(CRL) 499 ::(2016) 4 AllCriLR 473 ::(2016) 119 All LR 890 ::(2016) 4 JLJR 37 ::2016 (4) KCCR SN 387 (SC) ::(2016) 64 OCR 1054 ::(2017) 1 Pun LR 35 ::(2016) 4 Pat LJR 152 ::(2016) 3 UC 1872 ::(2016) 3 Crimes 165 ::(2016) 168 AllIndCas 71 (SC)

Supreme Court Of India

(From : Allahabad)

Hon'ble Judge(s): Kurian Joseph, R. F. Nariman , JJ

Contempt of Courts Act (70 of 1971) , S.15, S.20— Contempt proceedings -Limitation - Period of one year prescribed under S. 20 is applicable even to suo motu contempt proceedings -Suo motu contempt proceedings initiated after four years of publication of impugned article - Is barred by limitation. Criminal Contempt of court subordinate to High Court can be initiated either suo moto or on a motion made by the Advocate General. The suo motu action is set in motion on a reference made to it by the subordinate court. In the present case, the High Court is clear in its mind that the action under Section 15 of the Act is initiated suo motu by the High Court. To make it abundantly clear in the impugned order, it is said that the name of the petitioner is not to be shown in the cause list. Apparently, it can only be suo motu because the application filed by the advocates, and which is referred to in the impugned order, is without the consent in writing of the Advocate General. The only application other than by the Advocate General, contemplated under Section 15 of the Act, is the motion made by any person with the consent in writing of the Advocate General. Being a jurisdiction which, when exercised, is fraught with serious consequences, the Parliament has thought it justifiably fit to provide for such safeguards. Thus, the impugned article, having been published....