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Agyapaul Singh v. State Bank of India (SAMB)

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 831 of 2017)Decided 23 Jan 2017
Civil Appeal No. 831 of 2017
Justice Kurian Joseph · Justice A.M. Khanwilkar

Background

The appellant had earlier given an undertaking to the Punjab and Haryana High Court that a cheque for Rs. 7.5 crore would be honoured when presented to the bank on or after 25.06.2016. When the cheque was later dishonoured, the bank initiated contempt of court proceedings against him before the same High Court for violating his undertaking. The High Court, in a contempt petition (COCP No. 2084/2016), refused to even accept his reply/show-cause response, recording a prima facie satisfaction that contempt had been committed, effectively proceeding against him without hearing his side.

Decision Breakdown

The Supreme Court held that whether there was a "willful or deliberate" disobedience of the earlier order, the legal standard for contempt, can only be assessed after examining the reply the alleged contemnor files to the show-cause notice. Since the High Court had refused to even accept the appellant's reply before concluding prima facie contempt, the Supreme Court set aside the High Court's impugned order on that specific procedural ground. It directed the High Court to give the appellant an opportunity to file his reply, hear him, and only thereafter form an opinion on whether contempt proceedings should go ahead, also directing that his personal presence not be insisted upon in the meantime.

Lesson Learnt

Before holding someone in (or even proceeding against them for) contempt of court, the court must give them a fair chance to explain themselves in writing and be heard: a court cannot bypass that basic procedural fairness even where it has already formed a prima facie view.

Official source (sci.gov.in)View Judgment (PDF)

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