Can I file contempt petition in high court without consent of advocate general?

Tilak Marg Forum for Legal Questions Forums Constitutional Law Can I file contempt petition in high court without consent of advocate general?

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    • #2063
      Anonymous
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      Is it necessary to always obtain consent of the advocate general for filing contempt petition in a high court? Is there no other way to file contempt petition in high court, i.e., without the consent of advocate general?

    • #2091

      Under the provisions of the Contempt of Courts Act, for contempt of court, the High Court may take action (1) on its own motion or (2) on a motion made by the Advocate-General, or (3) on a motion made by any other person, with the consent in writing of the Advocate General.

      Therefore, if you want to move the High Court for contempt, without the consent of the advocate general, you may file a contempt petition requesting the High Court to take action on its own motion. If the contempt of a subordinate court has been committed, you can final application before that subordinate court to make a reference to the High Court for initiating the contempt action.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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