A third party cannot present a petition to initiate action for civil contempt

Karnataka High Court: While dismissing a petition presented to initiate contempt of court proceedings against the accused for wilful disobedience of Karnataka High Court’s order in Muslim Jamath Committee v. Karnataka State Board Of Wakfs, Writ Petition No. 8589 of 2016, the Division Bench of H.G. Ramesh, K.N. Phaneendra, JJ. held that a petition to initiate action for civil contempt can be presented only by an aggrieved party.

In the aforesaid writ petition, the Court had allowed the petitioner to hold Uroos celebrations, provided that the expenses were borne by the petitioner itself. The petitioner was barred from taking any contributions from the devotees. The Court had also directed the third respondent, Administrator of Masjid, to ensure that no body collects any contributions from the devotees unlawfully. Later, the complainant, in his personal capacity, filed a contempt petition alleging that the accused had forcefully collected amount from devotees in wilful disobedience of Court’s order. The complainant was working as the Administrator of Masjid on the date of Court’s order, but on the date of presentation of the Contempt Petition, he was working as Assistant Director of Land Records.

The court noted that except where the Court has given liberty to third parties to initiate action for contempt of court, a petition to initiate action for civil contempt can be presented only by an aggrieved party. Since the complainant was not a party to the order in his personal capacity, and he had presented the contempt petition in his personal capacity, he cannot be said to be a ‘party aggrieved’. Moreover, in the order, no liberty was given to any third party to initiate action for contempt of court. The petition, therefore, was accordingly dismissed. [Shamshuddin v. Sri Haris M.Y., 2016 SCC OnLine Kar 6468, November 9, 2016]

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