K.K. Jha Kamal vs Jharkhand High Court
- Neutral2018 INSC 595
Ratio decidendi
The rule this decision rests on
Where a contempt of court conviction and sentence of imprisonment have been stayed pending appeal, and the appellant's health has materially deteriorated, and the appellant has ceased to practise in the jurisdiction of the court from which the contempt order originated, the appellate court may, in the interests of justice and having regard to the peculiar facts and circumstances, make the interim stay of the sentence absolute and dispose of the appeal by vacating the sentential part of the order, without addressing the merits of the contempt conviction itself.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
K.K. JHA “KAMAL” Appellant(s)
VERSUS
JHARKHAND HIGH COURT & ANR. Respondent(s)
J U D G M E N T
KURIAN, J.
Respondent-Jharkhand High Court initiated proceedings against the appellant under the Contempt of Courts Act, 1971 and convicted him for the offence of criminal contempt and sentenced him to undergo sentence of simple imprisonment for six months. There was also a direction to the Bar Council of India to take appropriate action against the appellant. It was made clear that until the appellant purged with the contempt, he would not be entitled to practise under the jurisdiction of the respondent-High Court, except for the chamber practice.
As per the interim Order dated 3rd December, 2007 while
admitting the appeal, the sentence of imprisonment awarded to the appellant was stayed by this Court.
We find from the order dated 2 nd February, 2013 of the Bar Council of India that they had dropped the proceedings against the appellant on account of his serious ill-health, having met with an accident.
It is seen from the order of this Court dated 22 nd February, 2017 that this Court had also taken note of the 2 adverse health condition of the appellant.
Mr. Krishnanand Pandey, learned counsel appearing for the respondent-High Court, submits that the appellant has not been practising in the jurisdiction of the Jharkhand High Court.
Having regard to the peculiar facts and circumstances of the case, we are of the view that interest of justice would be met and complete justice done in case the Interim Order dated 3rd December, 2007 is made absolute and the appeal is disposed of, thereby vacating that part of the impugned order on sentence of imprisonment. Ordered accordingly.
In view of above, the appeal is party allowed.
..........................J.
(KURIAN JOSEPH)
..........................J.
(SANJAY KISHAN KAUL)
NEW DELHI,
JULY 10, 2018.
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