WHEN CONTEMPT COMMITTED BY THE JUDGE AND THOUGH SAME FACTS WAS BROUGHT INTO THE NOTICE OF DISTRICT JUDGE BEING A DIVISION INCHARG WHO ALSO DELIBERATELY IGNORED THE COMPLAINT OF CONTEMPT IN THAT SITUATION WHETHER WE CAN FILE CONTEMPT PROCEEDINGS AGAINST THE JUDGE WHO COMMITTED AN CONTEMPT AND ALSO AGAINST PRINCIPAL DISTRICT JUDGE FOR SUSTAINING THE SAID CONTEMPT OF NOT TAKING ANY LEGAL ACTION ON THE SUBJECT MATTER.
Under the Contempt of Courts Act, 1971, only the high court and the Supreme Court have the power to punish a person for contempt of court. The District Court does not have the power to punish for contempt; however, it can make a reference to the high court for contempt under Section 15(2) of the said Act.
Section 16 of the said Act clearly says that even a judge or magistrate can also commit contempt of his own court or of another court. But, whether such contempt has been committed by such judge or magistrate has been committed will depend on the facts of each case, which may be examined by you in the facts of your case.
Section 16 of the said Act is reproduced below:
“16. Contempt by judge, magistrate or other person acting judicially.—(1) Subject to the provisions of any law for the time being in force, a judge, magistrate or other person acting judicially shall also be liable for contempt of his own court or of any other court in the same manner as any other individual is liable and the provisions of this Act shall, so far as may be, apply accordingly.
(2) Nothing in this section shall apply to any observations or remarks made by a judge, magistrate or other person acting judicially, regarding a subordinate court in an appeal or revision pending before such judge, magistrate or other person against the order or judgment of the subordinate court.”
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