# SAMMBHU NATH JHA v. KEDAR PRASAD SINHA & ORS

- **Citation:** [1972] 3 S.C.R. 183
- **Court:** Supreme Court of India
- **Decided:** 1972-01-24
- **Bench:** J.M. Shelat, H. R. Khanna
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/sammbhu-nath-jha-v-kedar-prasad-sinha-ors-5597
- **Pages:** 10

## Headnote

Contempt of Court-Publication in Newspaper of notification under s.
3 of Commissions of Inquiry Act, 1952 instituting inquiry against ers~
while ministers of Bihar Government-Allegation in notification against
one of the ministers that he had against advice of officials ordered withdrawal of prosecution of criminal case and on trial court refusing permission to withdraw ordered filing of revision petition in ·High Court and
thereby interfered with course of justice-Revision filea in~ Hig,h Court by
accused also-Revisions pending in High Court at time of publication of
notification in Newspaper-Such publication whether eo.nstitutes contempt
of Court-Section 3(1) of Commissions of Inquiry Act whether makes it
mandatory for Government to publish notification in official gazette.
The appellant who was a minister in the State Government of Biharissued to the press a copy of the notification published in the Bihar
Gazette Extraordinary dated March 12, 1968 whereby an inquiry bad
been instituted, among others, against a former minister of the State
Government. According to allegation No. J-4 in the schedule annexed to
the notification the said minister had by misuse of his official position and
power unnecessarily interfered with the administration · of justice in a
serious case of rioting and murder. It was alleged that he had1 against the
opinion of the District Magistrate and the Law Secretary, ordere!l the withdrawal of the prosecution against two of the accuSed and the"fWter when
the Trial Court rejected the application for, withdrawal he caused a reVision petition to be filed in the High Court. The Searchlight of Patna in
its issue of March 14, 1948 published the copy of the notification issued
to it by the appellant, including the schedule of allegations. Ai\. application was filed on March 25, 1968 by the two accused aforesaid in the High
Court for initiating contempt of Court proceedings against several persons
including the appellant and the printer and publisher of Searchlight. It
was urged by the applicants that revision petitions filed by them and by
the State Government against the orders of the Trial Court refusing l?"rmission to withdraw the case were pending in the High Court at the time
of publication and since allegation No. J-4 in the schedule to the notification was related to the subject matter of the said revision petitions the
publication constituted interference with the course of justice inasmuch
as it had prejudiced mankind against them.
HELD : The Courts have power to take action against a person who
•does an act or publishes a writing which is calculated to bring a court or
judge into contempt or to lower his authority or to obstruct the course of
justice or due administration of law. ·As intention of the contemner to oauae
those consequences is not a necessary ingredient of contempt of court and
it is enough to show that his act was calculated to obstruct or interfere
with the due course c!f justice and administration of law, there would be
quite a number of cases where the contempt aneged would be of a teclmlca! nature.
In such cases, the court would exercise circumspectfon and
judicial reru-aint in the matter of taking action for contempt cif coul'l.-The
184
SUPREME COURT REPORTS
[1972) 3 S.C.R.
court bas to take into account the surrounding ci'rcumstances and the
material facts of the case and on c0nspectus of them to come to a conclusion whether because of some contumacious conduct or other sulllcient
reason the person proceeded against should be punished for comtempt of
court. fl 89 E-0]
Reg. v. Gray (1900] 2 Q.B. 36; E.M.S. Namboodripad v.
T. N.
Namblar, [1970] S.C.C. 325; Re: P. C. Sen, [1969] 2 S.C.R. 649; Debi
Prasad Sharma and Ors. v. The King Emperor, L.R. 70 I.A. at p. 224;
Legal Remembrancer v. Matilal Ghose and Others. I.L.R. 41, Cal. 173,
applied.
Plain reading of S. 3(i) of the Commissions of Enquiry of Act makes it
manifest that -the notification appointing a commission of inquiry must

## Text

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183
SAMMBHU NATH JHA
v.
KEDAR PRASAD SINHA & ORS.
January 24, 1972
(J.M. SHELAT AND H. R. KHANNA, JJ.]
Contempt of Court-Publication in Newspaper of notification under s.
3 of Commissions of Inquiry Act, 1952 instituting inquiry against ers~
while ministers of Bihar Government-Allegation in notification against
one of the ministers that he had against advice of officials ordered withdrawal of prosecution of criminal case and on trial court refusing permission to withdraw ordered filing of revision petition in ·High Court and
thereby interfered with course of justice-Revision filea in~ Hig,h Court by
accused also-Revisions pending in High Court at time of publication of
notification in Newspaper-Such publication whether eo.nstitutes contempt
of Court-Section 3(1) of Commissions of Inquiry Act whether makes it
mandatory for Government to publish notification in official gazette.
The appellant who was a minister in the State Government of Biharissued to the press a copy of the notification published in the Bihar
Gazette Extraordinary dated March 12, 1968 whereby an inquiry bad
been instituted, among others, against a former minister of the State
Government. According to allegation No. J-4 in the schedule annexed to
the notification the said minister had by misuse of his official position and
power unnecessarily interfered with the administration · of justice in a
serious case of rioting and murder. It was alleged that he had1 against the
opinion of the District Magistrate and the Law Secretary, ordere!l the withdrawal of the prosecution against two of the accuSed and the"fWter when
the Trial Court rejected the application for, withdrawal he caused a reVision petition to be filed in the High Court. The Searchlight of Patna in
its issue of March 14, 1948 published the copy of the notification issued
to it by the appellant, including the schedule of allegations. Ai\. application was filed on March 25, 1968 by the two accused aforesaid in the High
Court for initiating contempt of Court proceedings against several persons
including the appellant and the printer and publisher of Searchlight. It
was urged by the applicants that revision petitions filed by them and by
the State Government against the orders of the Trial Court refusing l?"rmission to withdraw the case were pending in the High Court at the time
of publication and since allegation No. J-4 in the schedule to the notification was related to the subject matter of the said revision petitions the
publication constituted interference with the course of justice inasmuch
as it had prejudiced mankind against them.
HELD : The Courts have power to take action against a person who
•does an act or publishes a writing which is calculated to bring a court or
judge into contempt or to lower his authority or to obstruct the course of
justice or due administration of law. ·As intention of the contemner to oauae
those consequences is not a necessary ingredient of contempt of court and
it is enough to show that his act was calculated to obstruct or interfere
with the due course c!f justice and administration of law, there would be
quite a number of cases where the contempt aneged would be of a teclmlca! nature.
In such cases, the court would exercise circumspectfon and
judicial reru-aint in the matter of taking action for contempt cif coul'l.-The
184
SUPREME COURT REPORTS
[1972) 3 S.C.R.
court bas to take into account the surrounding ci'rcumstances and the
material facts of the case and on c0nspectus of them to come to a conclusion whether because of some contumacious conduct or other sulllcient
reason the person proceeded against should be punished for comtempt of
court. fl 89 E-0]
Reg. v. Gray (1900] 2 Q.B. 36; E.M.S. Namboodripad v.
T. N.
Namblar, [1970] S.C.C. 325; Re: P. C. Sen, [1969] 2 S.C.R. 649; Debi
Prasad Sharma and Ors. v. The King Emperor, L.R. 70 I.A. at p. 224;
Legal Remembrancer v. Matilal Ghose and Others. I.L.R. 41, Cal. 173,
applied.
Plain reading of S. 3(i) of the Commissions of Enquiry of Act makes it
manifest that -the notification appointing a commission of inquiry must be
published in the official gazette. It is an inperative requirement and cannot
be dispensed with. The commisslon (J'f inquiry is appointed for the purpose of making an inquiry into some matter of public importance. The
schedule containing the various allegations in the present case was a part
of the notification dated March 12, 1968 ~nd specified definite matter of
public importance which were to be inquired into by the Commission. As
such the publication of the schedule in the official gazette should be held
to be in compliance with the statutory requirement. The object of publication in an official aazette is twofold : to. give publicity to the notification
and further to provide authenticity to the contents of that notification in
case some dispute arises with .regard tp the contents. [190G-HJ
In the present case no undue emphasis was given to any portion of
the notification as the whole notification as printed in the Gazette was
given to the neW.paper for publication. Further, the subject matter of the
inquiry before the Commission as set 'Iorlh in allegation No. I-4 was
whether there was any misuse of official position on the part of the Minis1<1" concerned when he directed against the re<:ommendation of the Law
Sea:etary aad the District Magistrate, the withdrawal o'f the prosecution
against the two accused in question. The question for decision which,
liowever, was the subject of criminal revision petitions pending in Patna
~
Court was whether the order of the magistrate dismissing the application for withdrawal of prosecution was contrary to law.
The two
aatters were distinct and separate and not identical. It may be that some
of tho matters which were connected with the criminal revision petitions
were tho subject of inquiry by the commission of inquiry, but that would
aot. attract liabi)ity for contempt of court. [191 C-D]
1.,annat/i Rao v. Slate of Or)ssa, [1968] S.C.R. 789; referred to.
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The jud1111ent of tho High Court must accordingly be set aside and the
rule issued :tgainst the appellant for contempt of court must be discharged.
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(192 Cl
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
30 of. 1969.
Appeal by special leave from the judgment and order dated
the 12th August, 1968 of the Patna High.Court in Original Crimi1-1
nal Miscellaneous Petition'No; 30 oi 1968.
Basudev Prasad Sinha and B. P. Jha, for the Appellant.
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s. N. JllA v. K. P. S!NllA (Khanna, J.)
i85
The Judgment of the Court was delivered by
K11a1ma, J. This is an appeal by ;pecial leave by Sammbhu
Nath Jha who along with two others has been found by the Patna
l;ligh Court to be guilty ol contempt of court. In view of the fact·
tliat the contempt, in the opinion of the High Court, was of a
technical nature, the contcmiriers were let off with a warning.
On January 2, 1966 a report was lodged wi1h the police ey
Lachho Paswan that when he and his brother Dwarka Paswan were
going to J amui market, Kedar Prasad respondent abused them.
Kedar Prasad also exhorted others to assult Dwarka Paswan.
Atn
assault was then made upon Dwarka Paswan and he was surrounded. Ariun Pandey thrust Saif in the chest of Dwarka Paswan,
as a result of which he died on the spot.
The motive for the
assault was stated to be that Lachho Paswan and Dwarka Paswain
had voted against Kedar Prasad in the election to the office of
Mukhia. The police on the basis of that report investigated the
case and submitted a charge sheet for offences under sections 148
and 302 read with section 149 I.P.C. against a number of persons.
No charge sheet was submitted against Kedar Prasad and Arjun
Pandey. During the course of commitment proceedings, the commitling magistrate ordered that Kedar Prasad and Atjun Pandey
be sum mooed for May 15, 1966 as accused.
Kedar Prasad and Arjun Pandey filed revision petitions against
the order ot the committing magistrate, but the same was dismissed
by the Additional Sessions Judge, Monghyr as per order dated
May 5, 1967. It was held that Kcdar Prasad and Atjun Pandey
had be~n rightly summoned.
After the dismissal of the revision petition, an application was
filed by the Assistant District Prosecutor on September 18, 1967
in the court of the learned magi>tratc for withdrawal of the case
against Kedar Prasad and Arjun Pandey on the grO\llld that it was
inexpedient for State and public policy to prosecute them. After
hearinp; the counsel for the complainant and others, the committing
magistrate dismissed the said application on October 6, 1967. It
was o1$erved that the application for withdrawal of the prosecution
amounted to an abuse and improper inte1fcrQ11Ce in the normal
course of justice.
Two revision petitions were filC<! against the above order dated
October 6, 1967. One of the revision petitions was filed by the
State of Bihar and the other was filed b¥ one Abani Kumar Ma,ndal.
Both the revision petitions were admitted by the High Court on
November 30, 1967.
During the pendency of the above mentioned criminal revision
petitions, the Governor of Bihar as per notification dated March
13-18648 upCI/72
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SUPREME COURT REPORTS ·
(19l21 3 s.c.1<.
12, 1968 appointed a Commission of Inquiry consisting of Shri T.
L. Venkatarama Aiyer, retired judge of the Supreme Cou1t, under
section 3 of the Commissions of .Inquiry Act, 1952 (Act 60 of
1952) to inquire into a number of charges against 14 persons who
had earlier held the offices of Chief Minister and ministers in ltte
State of Bihar.
One of the persOQ!i against whom inquiry was
ordered was Shri Hasibur Rahman who had held the office of
Minister duri,ng the period from March 16, 1967 to January 28,
1968. The allegations which were the subject matter of the
inquiry were set forth in the schedule annexed to the notification.
Allegation No. J-4 which was the subject of inquiry against Shri
Hasibur Rahman was as under:
"Shri Kedar Prasad Sinha and Shri Arjun Pandey
. were facing prosecution along with nine others in a
serious case of rioting with murder which was pending
before the Munsif-Magistrate, Jamui.
They
filed
a
revision petition !:¢fore the Additional Sessions Judge,
Monghyr against their prosecution, which was dismissed.
Thereupon on 6th June, 1967 they presented an application direct to the then M~ster for Law, Shri Hasibur
Rahman, who directed that the Law Secretary should
examine the matter and report and in the meanwhile the
District Magistrate was requested to take two months'
adjournment of the case and also send the case diary with
his report.
On 17th August, 1967, the District Magistrale sent
his report opposing withdrawal cf the case. Even before
lhe District Magistrate's letter was diarised in the Law
Department, Shri Hasibur Rahman called for the file
directly from the dealing assistant and ordered that a
telegram should be sent to the District Magistrate to take
further adjournment for a fortnight.
The matter was
then examined thoroughly by the ofikers of the Law
Department and in his note, dated 30th August, 1967,
the Law Secretary recommended against withdrawal of
the prosecution pointing out that there was a prima facie
case and justice demanded that it 'houlcl be thrnshcd
out in Court.
Shri Hasibur Ral11m111, howcwr, ignored the advice
of the District Magistrate as well us of the Law Secretary
and ordered on 10th September, 1967 that the case
should be withdrawn.
A petition for withdrawal was
accordingly filed on l 81h Scplemhrr, 1967, hut was rejected by the
trial court.
Thereupon Shri Hasibur
Rahman directed !hat ;1 revision should be filcJ in the
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S, N.,JHA v. K. P. SINHA (Khallll(I, J.)
187
·High Court against the refusal oi. the trial court to allow
withdrawal of the case. A revision was accordingly filed,
which is still pending before the High Court.
"Shri Hasibur Rahman thus by misuse of his official
position and power unnecessarily interfered with the
administration of justice in a senous case of rioting with
murder.''
The notification relating to the appointment of the Commission
of Inquiry along with the schedule containing the different allegations was published in the Bihar Gazette Extraordinary . dated
March 12, 1968. The same day the appellant, who was one of
the ministers of Bihar, gave ;for publication to the press a eopy _of
the notification, including the schedule of allegations. The·said
notification along with the schedule of allegations was published
in the Searchlight of Patna in issues dated March 13, March 14
and March 15 of 1968. Allegation No. J-4 relating to the withdrawal of case regarding Kedar Prasad SWia was published in
the issue of Searchlight dated March 14, 1968. Application dated
March 25, 1968 was thereafter filed by Kedar Prasad and Arjun
Pandey for initiating contempt of court proceedings against 25
persons, including the State of Bihar,
th~ Chief Minister and
Ministers of Bihar, the Chief Secretary of the Bihar Government
as well as Shri Subhash Chandra Sarkar, Editor Jlnd Sbri Awadesh
Kumar Tiwari, printer and publisher of the Searchlight. . The
appellant was impleaded as respondent No. 3 ,\Jl the application.
It was urged that the publication ·Of allegation No. J-4 related to
a matter which was the subject matter o~ criminal revision petitions in the High Court and had the result of interfering with the
course of justice and prejudicing the mankind against the two
applicants.
The learned jud~e who dealt with the application held that no
case for contempt of court bad been proved against 22 out of 25
persons. The appel!ant was, however, found to be guilty of contempt of court, because it was be who had handed over the offonding matter to the press for publication in the newspaper.
Th"
editor as also the printer and publisher of the Searchlight too were
found ~uilty because of the publication of the news item in ·the
aforesaid paper.
We have heard Mr. Basudev Prasad on behalf of the appellant.
No one has appeared on behalf of the respondents. After givin~
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the matter our consideration, we are of the opinion that the p·esent
is .not a fit case wherein action should hie taken for contempt of
court.
14-L864 Sup.Cl/72
188
SUPREME COURT REPORTS
(1972] 3 S.C.R.
The law relati.ng to contempt of court is well-settled.
Any act
done or writing published which is calculated to bring a court or
judge into contempt or to lower his authority or to interfere with the
due course of justice or the lawful process of the courts is a contempt of court [Reg, v. Gray( 1) ]. The law of contempt as observed by this Court in the case of E. M. S. Namboodrlpad v. T.
N. Nambiar(2) stems from the right of the courts to pu.nish by
imprisonment or fines pers<Jtlls guilty of words or acts which either
obstruct or tend to obstruct the administration of justice.
This
right is exercised in India by all courts when contempt is committed
in facie curaie and by the superior courts on their own bjeha.lf or
on behalf of courts subordinate to them even if committed outside
the courts.
Fonnerly, it was regarded as inherent in the powers
of a Court of Record and now by the Constitution of lndia, it is a
part of the powers of the Supreme Court and the High Courts.
There are many kinds of contempts.
The chief fonns of contempt
are insult to judges, attacks upo_n them, comment on peinding
proceedings with a tendency to prejudice fair trial, obstruction to
officers of courts, witnesiies or the parties, abusing the process of
the court, bre,tch of duty by officers connected with tjle court and
scandallsin~ the judges or the oourts.
The last form occurs, generally speaking, when the conduct of a person tends to. bring the
authority and administration of the Jaw into disrespect or disregard.
Jn this conduct ate included a.Ii acts which btjng the court into
distepute or disrespect or which offend its dignity, affront its majesty
or challenge its majority.
The matter was also dealt with by this Court Re: P. C. Sen(')
and it was observed :
"Contempt by speech or writing may be by scandalising the Court itself, or J:ty abusing parties to actions, or
by prejudicing mankind in favour of or against a party
before the cause is heard.
It is incumbent upon Courts
of justice td' preserve their proceedings ffOJll being misrepresented, for prejudicing the minds of the public
against persons concerned as parties in causes befQre the
cause is finally heard has pernicious consequences.
Speeches or writings mi~repres~ting the proceedings of
the Court or prejudicing the public for or against a party
or involving reflections on parties to a proceeding amount
to contempt. To make a speech tendmg to in'lluenee the
result of a pending trial, whether civil or criminal is a
grave cont~pt. Comments on pending proceedings, if
emanating from the t>atties or their lawyers, are generally
a mote serious contempt than those comlitg from independent sources.
The question in all cases of cotnment
(I) (1900] . i Q.ll. 36.
(2) [1970l s.c.c. 325.
(Jl p969J 2 s.c.R. 649.
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s. N. JHA v. K. P. SINHA (Khanna,!.)
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on pending proceed\ngs is not whether the publication
d9es interfere, but whether it tends to interfere, with the
due course of justice. The question is not so much of
the intention of the conteni.ner as whether it is calculated
to interfere with the administration or justice ...
Reliance in the above cited case was placed upon the foJlowing
observations of the Judicial Committee iii the case of Debi Prasad'
Sharma and Ors. v. The King-Emperor(!).
". . . . the test applied by the . . . . . Board which
jteard the reference was whether the words complained
· of were in the circumstances calculated to obstruct or
interfere with the course of -justice and the due administration of law."
It has -also to be borne in mind, as observed in Re: P. C. Sen('),
that ordinarily a court will not initiate proc~edings for commitment
for contempt where there is a mere technical contempt.
This
Court referred in the above context to the observations of J~ins,
C.J., in Legal Remembrancer v. Matilal Ghose and Olhers(') that
proceedings for contempt should be initiated with ·utm<>st reserve
and no court in the due discharge of its duty ca.n afford to disregard
them.
It would_ follow from the above that the courts have power to
take action against a person who does an act or publishes a writing
which is calculated to bring a court or judge into contempt or to
lower his au1hority or to obstruct the due course of _justice or dll'~
administratiQn of law. As intention of the contemner to cause
those consequences is not a necessary ingredient of contempt of
court and it is en011gh to show that his act was calculated to obstruct or interfere with the due course of justice and administration
of Jaw, there would be quite a number of cases wherein the contempt alleged would be of a technical nature. In such cases, the
court would exercise circumspection and judicial restraint iu the
matter of taking action for contempt of court The court h:is to
take into account the surrounding circumstances and the material
facts of the case and on conspectus of them to come to a conclusion whether because of some contumacious conduct or oilier
sufficient reason the person proceeded against should be punished
for contemptof cqurt.
Let us now examine the fac!s of the present case in the light'of •
what has bieQn stated above.
The gravamen of the charge against
the appellant is that during the pendency in .the High Court of the
two revi5ion petitions mentioned earlier, he handed over to the
representatives of the press for publication in the μewspapers the
. (I) LR. 70 I.A. at p. 224.
(2) [969} 2 S.C.R. 649.
(J) I.LR. 41 Cal. 173.
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[1972] 3 S.C.R.
notification, including the schedule of allegations, which had been
issued under section 3 of t.hc Commissions of Inquiry Act.
The
learned judge in holding the appellant guilty ol contempt of court
observed :
. "But the mischief in this case was committed by publicizing the said allegations with full knowledge that the
two criminal revision petiiions were pending in this court
and the question as to whether the withdrawal petitions
were bonafide or not was still to be considered by this
court.
I have not lieen shown any statutory provision
which lays down that allegations of the ,Ilature contained
in the offending matter must be printed in the official
gazette or in the public press."
It would follow from the ~bove that the decision of the High
Court was based upon the assumption that there was no statutory
provisiqn which required that allegations of the nature contained
in the offending matter should be printed in the official gazette.
Such an a~sumpti.on in our view was incorrect.
The material part
of sub-section (1) of section 3 of the Commissions of ]inquiry Act
reads:
The appropriate Government may, if it is of opinion
that it is necessary so to do, and shall if a resolution in
this *half is passed by the House of the People or, as
the case may _be, the Legislative Assembly of the State.
by notification in the Official Gazette, appoint a Commission of Inquiry for the purpose of making an
inquiry into any definite matter of public importance and
performing such functions m1d within such time as may
be specified in the notification, and the Commission so
appointed shall make the inquiry and perform the .:Unctions accordingly.
Plain reading of the above sub-section makes it manifest that the
notification appointing a commission of inquiry must be published
in the official gazette. It is an imperative requirement and cannot
be dispensed with.
The commission of inquiry is appointed for
the purpose of making an inquiry into SOI11f matter of public importune.~. TI1e schedule containing the various allegations in
the
present case was a part of the notification dated March 12. 1968
and spe~ified definite matters of public importance which were to
be inquired into by the Commission.
As such, the publication of
the schedule in the official gazette should ble held to be in compibnce with the statutory requirement.
The object of publication
in an official gazette is twolold : to give publicity to the notification
and further to provide authenticity to the contents of that notification in case some dispute arises with regard to the contents.
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s. N. JliA v. K. i>. SINHA (Khanna; J.)
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What was given to the press for publication in the present case
was the notificatiQn issued under section 3 of the Commissions of
Inquiry Act.
The present is not a case wherein only part of the
notification or some portions of the allegations were given for publication to the press with a. view to give emphasis to ·ainy part of the
allegation. On the contrary, what was given to the press was the
entire notification.
The subject matter of the inquiry before the Con:tn1ission as set
forth in aljegation No. J-4 was whether there was any misuse of
official position on the part ol Shri Hasibur :Rahman when he
directed against the_ recommendation of the Law Secretary and the
District Magistrate, the withdrawal of the prosecution against Kedar
Prasad aio.4 Arjun Pandey. The question for decision which, however, was the subject of criminal revision petitions pending in Patna
High Court was whether the order of the magistrate dismissing the
application for withdrawal of prosecution was contrary to law. The
two matters were distinct aind separate and not identical. It may
be that some of the matters which were connected with the criminal
revision petitions were the subject of inquiry by the cemmissioll of
inqlliry, but that would not attract liability for contempt of court.
In the case of JagallflQth Rao v. State of Orissa(1) the appellant
had challenged a notification issued under section 3 of the Commissions of Inquiry Act appointing a Commission of Inquiry to inquire
into certain allegations against persons who had held the offices of
Chief Mmisters and ministers in Orissa.
An arguiacnt was advanced iii -that case that one of the items of charges which were to
be inquired into biy the commission was the subject matter Of an
appeal pending in the High Court. Question arose~ that context
whetherJ4e setting up of the commission of inquiry by the State
Govern4J-etit or the continuation of the i.nquiry by the cOlllDlission
would be tantamount to contempt of court. This Colltt held that
the above !lcts would not · · constitute contelllpt of court and
observed:
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"It was po\nted out by this Court in Shri Ram Knmna
Dalmia v. Shri Justice S. R. Tendo/kar(1) that the inquiry
cannot be looked upon as a judicial inquiry and the order
ultimately passed cannot be enforced proprio vi1ore.
The inquiry and the investigation by the Commission do
not therefore amount to usurpation of the function of
the courts of Jaw. The scope of the trial by the Courts of
law and the Commissioμ of Inquiry is altogether different. In any case, it CllrinOt be said that the Commission of Inquiry would be liable for contempt of Court if
it proceeded to inquire into matters referred to it by the
---(I) [1968] _3 S.C.R. 789.
(2) [1'S9] S.C.R. 279.
15-L864SupC.I./72
192
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(1972] 3 S.C It
Government Notification. In appointing a Commission
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of Inquiry under section 3 and in malting the inquiry
contemplated qy the !l!Otification, the Commission is
performing its statutory duty. We have already held that
in the appointing of the Commission of Inquiry the
Government was acting bona fide.
It is, therefore, not
possible to accept the argunuint of the appellants that the
B
setting up of the Commission of Inquiry_ bx. the State
Government or the continuance of the inquiry by the
Commission so constituted would be tantamount to contempt of Court."
In our view the judgment of the High Court cannot be sustained.
W.e, therefore, accept the appeal, set aside the judgment
C
of the Higli Court and discharge the rule which was issued against
the appeJlant for contempt of court.
G.C.
Appeal allowed.