High Court Cannot Initiate Contempt For Violation Of Orders Of Karnataka Appellate Tribunal : Karnataka HC
The Karnataka High Court has held that it cannot initiate contempt proceedings for alleged breach of orders passed by Karnataka Appellate Tribunal (KAT) as it is not subordinate to the High Court, within the meaning of Section 10 of the Contempt of Courts Act. A division bench of Chief Justice Abhay Oka and Justice Sachin Shankar Magadum while disposing off a civil contempt petition filed by one Lalsab Nadaf said “No case is made out to initiate action under the Contempt of Courts Act, 1971. The contempt petition is accordingly disposed of.” The applicant had moved the court under sections 10 and 12 of the Contempt of Courts Act read with Article 215 of the Constitution of India. It was prayed that the high court issue notice to the accused Chief Manager of a Cooperative Bank and to punish him with maximum punishment for disobedience of the order dated June 27, 2019 passed by the tribunal. The counsel appearing for the applicant submitted that KAT established under the Karnataka Appellate Tribunal Act, 1976, is subordinate to this Court, in view of Section 10 of the Contempt of Courts Act, 1971 this Court has a power to punish a person for committing contempt of the order passed by the KAT.