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Kuldeep Mansukhani v. Court on its Own Motion, Th. Registrar, DHC and Anr.

Criminal Appeal · 2018 INSC 663Decided 1 Aug 2018
Criminal Appeal No. 920 of 2006
Justice Kurian Joseph · Justice Sanjay Kishan Kaul

Background

The appellant had been convicted and punished for criminal contempt by the Delhi High Court, acting on a reference forwarded by a District and Sessions Judge after a report from a Metropolitan Magistrate (who resigned from service shortly after the alleged incident). No formal inquiry was ever held before the High Court imposed punishment; the appellant was only asked to file a written affidavit, which he did. When asked about sentence, the appellant tendered an unconditional apology.

Decision Breakdown

The Supreme Court held that given the defence raised by the appellant, the High Court ought to have conducted a proper inquiry before punishing him, and that relying solely on the District Judge's reference and the appellant's affidavit, without such an inquiry, violated the principles of natural justice. The Court took the appellant's unconditional apology on record, set aside both the conviction and the sentence, and allowed the appeal. It also directed that the amicus curiae's fee be paid as per rules.

Lesson Learnt

A finding of contempt, a serious punitive action, cannot be based only on a paper reference and a written reply; the person accused of contempt is entitled to a fair inquiry before punishment is imposed.

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

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