Kuldeep Mansukhani vs Court on its Own Motion, High Court of Delhi at New Delhi and ANR

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). 920/2006

KULDEEP MANSUKHANI APPELLANT(S)

VERSUS

COURT ON ITS OWN MOTION, HIGH COURT OF DELHI AT NEW DELHI AND ANR. RESPONDENT(S)

J U D G M E N T

KURIAN, J.

This appeal is at the instance of the respondent

in Criminal Contempt Reference No.1/2006 on the file

of the High Court of Delhi. The contempt arose out

of a reference made by the Metropolitan Magistrate,

Patiala House Courts, Delhi through the District and

Sessions Judge, Delhi.

2. We are informed that no inquiry whatsoever has

been conducted either at the time of making of a

report to the District Judge or at the time of the

District Judge forwarding the reference to the High

Signature Not Verified Court.

Digitally signed by NARENDRA PRASAD Date: 2018.08.04 10:42:49 IST 3. Ms. Mahalakshmi Pavani, learned senior counsel Reason:

who was appointed as an amicus curie, has brought to

1 our notice that the Metropolitan Magistrate concerned

resigned from service shortly after the alleged

incident.

4. When the matter was posted before the High Court,

the appellant was asked by the Court as to whether he

wanted to submit anything in writing and,

accordingly, he filed a detailed affidavit. We do

not propose to go into the narration of facts or the

defence taken by the appellant, since, in our view,

it is not necessary to go into the same.

5. Having regard to the defence taken by the

appellant, the High Court ought to have conducted an

inquiry. That having not been done and the

punishment having been imposed solely on the basis of

the reference made by the District Judge and the

affidavit in response, we are of the view that the

principles of natural justice have not been complied

with fully. All that apart, we also find that having

been asked as to whether he had anything to say on

the sentence, the appellant had tendered

unconditional apology

6. In view of the above circumstances, the apology

tendered by the appellant is taken on record, we set

aside the conviction and sentence imposed upon the

appellant and the appeal is allowed.

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7. Pending applications, if any, shall stand

disposed of.

8. The fee of the Amicus Curiae be paid, as per

rules.

.......................J. [KURIAN JOSEPH]

.......................J. [SANJAY KISHAN KAUL] NEW DELHI;

AUGUST 01, 2018.

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