Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975 are defined under Contempt of Courts Act 1971. Provisions are :
Contempt of Courts Act 1971 "Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975"
GSR 142- In exercise of the powers under section 23 of
the Contempt of Courts Act, 1971 read with article 145 of
the Constitution of India and all other powers enabling it
in this behalf, the Supreme Court hereby makes, with the
approval of the President, the following rules: -
1.
(1) These Rules may be called the Rules to Regulate
Proceedings for Contempt of the Supreme Court, 1975.
(2) They shall come into force on the date of their
publication in the Official Gazette.1
(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business 4[or has a branch office], or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
PART I
2.
(1) Where contempt is committed in view or presence or
hearing of the Court, the contemner may be punished by the
Court before which it is committed either forthwith or on
such date as may be appointed by the Court in that behalf.
(2) Pending the determination of the charge, the Court may
direct that the contemner shall be detained in such custody
as it may specify:
PROVIDED that the contemner may released on bail on such
terms as the Court may direct.
PART II
3. In case of contempt other than the contempt referred to
in rule 2, the Court may take action:
(a) suo motu, or
(b) on a petition made by Attorney General, or Solicitor
General, or
(c) on a petition made by any person, and in the case of a
criminal contempt with the consent in writing of the
Attorney General or the Solicitor General.
4.
(a) Every petition under rule 3(b) or (c) shall contain:-
(i) the name, description and place of residence of the
petitioner or petitioners and of the persons charged;
(ii) nature of the contempt alleged, and such material
facts, including the date or dates of commission of the
alleged contempt, as may be necessary for the proper
determination of the case;
(iii) if a petition has previously been made by him on the
same facts, the petitioner shall give the details of the
petition previously made and shall also indicate the result
thereof;
(b) The petition shall be supported by an affidavit.
(c) Whether the petitioner relies upon a document or
documents in his possession or power, he shall file such
document or documents or true copies thereof with the
petition.
(d) No court fee shall be payable on the petition, and on
any documents filed in the proceedings.
5. Every petition under rule 3(b) and (c) shall be posted
before the Court for preliminary hearing and for orders as
to issue of notice. Upon such hearing, the Court if
satisfied that no prima facie case has been made out for
issue of notice, may dismiss the petition, and, if not so
satisfied direct that notice of the petition be issued to
the contemner.
6.
(1) Notice to the person charged shall be in Form I. The
person charged shall, unless otherwise ordered, appear in
person before the Court as directed on the date fixed for
hearing of the proceeding, and shall continue to remain
present during hearing till the proceeding is finally
disposed of by order of the Court.
(2) When action is instituted on petition, a copy of the
petition along with the annexure and affidavits shall be
served upon the person charged.
7. The person charged may file his reply duly supported by
an affidavit or affidavits.
8. No further affidavit or document shall be filed except
with the leave of the Court.
9. Unless otherwise ordered by the Court, seven copies of
the Paper Book shall be prepared in the Registry, one for
the petitioner, one for the opposite party and the remaining
for the use of the Court. The Paper Book in the case shall
be prepared at the expense of the Central Government and
shall consist of the following documents:-
(i) Petition and affidavits filed by the petitioner.
(ii) A copy of, or a statement relating to, the
objectionable matter constituting the alleged contempt.
(iii) Reply and affidavit of the opposite party.
(iv) Documents filed by the parties.
(v) Any other document which the Registrar may deem fit to
include.
10. The Court may direct the Attorney–General or
Solicitor-General to appear and assist the Court.
11.(1) The Court may, if it has reason to believe, that the
person charged is absconding or is otherwise evading service
of notice, or if he fails to appear in person or to continue
to remain present in person in pursuance of the notice,
direct a warrant bailable or non-bailable for his arrest,
addressed to one or more police officers or may order
attachment of property. The warrant shall be issued under
the signature of the Registrar. The warrant shall be in Form
II and shall be executed, as far as may be in the manner
provided for execution of warrants under the Code of
Criminal Procedure.
(2) The warrant shall be executed by the officer or officers
to whom it is directed, and may also be executed by any
other police officer whose name is endorsed upon the warrant
by whom it is directed or endorsed.
(3) Where a warrant is to be executed outside the Union
Territory of Delhi, the Court may instead of directing such
warrant to police officer, forward it to the Magistrate of
the District or the Superintendent of Police or Commissioner
of Police of the district within which the person charged is
believed to be residing. The Magistrate or the police office
to whom the warrant is forwarded shall endorse his name
thereon, and cause it to be executed.
(4) Every person who is arrested and detained shall be
produced before the nearest Magistrate within a period of
twenty-four hours of such arrest excluding the time
necessary for the journey from the place of arrest to the
Court of the Magistrate, and no such person shall be
detained in custody beyond the said period without the
authority of a Magistrate.
12. The Court may, either suo motu, or on motion made for
that purpose, order the attendance for cross-examination, of
a person whose affidavit has been filed in the matter.
13. The Court may make orders for the purpose of securing
the attendance of any person to be examined as a witness and
for discovery of production of any document.
14. The Court may pass such orders as it thinks fit
including orders as to costs which may be recovered as if
the order were a decree of the Court.
15. Save as otherwise provided by the rules contained
herein, the provisions of the Supreme Court Rules, 1966,
shall, so far as may be, apply to proceedings in relation to
proceedings in contempt under this part.
16. Where a person charged with contempt is adjudged guilty
and is sentenced to suffer imprisonment, a warrant of
commitment and detention shall be made out in Form IV under
the signature of the Registrar. Every such warrant shall
remain in force until it is cancelled by order of the Court
or until is executed. The Superintendent of the Jail shall
in pursuance of the order receive the person so adjudged and
detain him in custody for the period specified therein, or
until further orders.
Section 3 Innocent publication and distribution of matter not contempt
Section 4 Fair and accurate report of judicial proceeding not contempt
Section 5 Fair criticism of judicial act not contempt
Section 6 Complaint against presiding officers of subordinate courts when not contempt
Section 8 Other defenses not affected
Section 9 Act not to imply enlargement of scope of contempt
Section 10 Power of High Court to punish contempt of subordinate courts
Section 11 Power of High Court to try offences committed or offenders found outside jurisdiction
Section 12 Punishment for contempt of court
Section 13 Contempt not punishable in certain cases
Section 14 Procedure where contempt is in the face of the Supreme Court or a High Court
Section 15 Cognizance of criminal contempt in other cases
Section 17 Procedure after cognizance
Section 18 Hearing of cases of criminal contempt to be by Benches
Section 20 Limitation for actions for contempt
Section 21 Act not to apply to Nyaya Panchayats or other village courts
Section 22 Act to be in addition to, and not in derogation of, other laws relating to contempt
Section 23 Power of Supreme Court and High Courts to make rules
Section 24 of Contempt of Courts Act 1971 "Repeal"
Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975