VidhiSangh

Supreme Court of India · 10/08/2022

MEHMOOD PRACHA versus CENTRAL ADMINISTRATIVE TRIBUNAL

[2022] 7 S.C.R. 20 · 2022 INSC 813

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Summary

The Central Administrative Tribunal charged an advocate with criminal contempt. The charge was that, in open court, he insisted on an in-camera hearing because he had something to say against the Chairman, and then refused to say it. He denied the charge and insisted on a trial under Rule 15 of the CAT Contempt Rules. Relying on Leila David, the Tribunal held that no trial was needed for contempt in the face of the court and convicted him, letting him off with a warning. The Court held that the Tribunal has the High Court's contempt powers under Section 17 of the Administrative Tribunals Act, but not this Court's powers under Articles 129 and 142. With the central fact disputed, denying the trial contemplated by Section 14(1)(c) of the Contempt of Courts Act and Rule 15 was a miscarriage of justice. The conviction and the reference to the Bar Councils were set aside.

Issues

  1. Whether, after framing a charge of contempt in the face of the court that the alleged contemnor denied, the Central Administrative Tribunal could convict him without holding a trial or taking evidence.
  2. Whether Leila David v. State of Maharashtra permits a tribunal to dispense with trial in such a case.

Provisions considered

Held

Result

Appeal allowed. The Tribunal's order convicting the appellant of contempt, and the direction to forward it to the Bar Council of India and the Delhi State Bar Council, are set aside.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 20.