Supreme Court refers intra-court contempt appeal issue to larger bench

The case concerns whether a Special Appeal lies against an interim order passed by a Single Judge of the High Court in a contempt application, specifically where the order rejected a compliance affidavit and directed the appearance of a government officer for framing charges.

Who it concerns: Appellant: Sanjay Prasad; Respondents: Madhusudan Dwivedi & Ors.; Bench: Justice Dipankar Datta.

What the court decided

• The Court held that the appellant could have presented a Special Appeal against the impugned order.
• The Court stated it is not correct to contend that such an appeal would not lie.
• The Court confined its consideration to the question of whether the law permits a Special Appeal, rather than examining the merits of the impugned order.
• The Court did not provide a next date for hearing in the provided text.

Also in the document

• The Court noted that the issue of intra-court contempt appeals continues to arise with regularity and calls for further clarity.
• The Court observed that the jurisdiction under Article 215 of the Constitution is sui generis and civil contempt proceedings are generally in the nature of a 'Special Civil Jurisdiction'.
• The Court cited the Allahabad High Court Rules, 1952, noting that Rule 5 of Chapter VIII provides for a Special Appeal.