The Contempt of Courts Act, 1971, lays down the law on contempt of court. Section 15 of the legislation describes the procedure on how a case for contempt of court can be initiated.
How it is bring in againstan individual?
In the case of the Supreme Court, the Attorney General or the Solicitor General.
In the case of High Courts, the Advocate General, may bring in a motion before thecourt for initiating a case of criminal contempt.
If the motion is brought by any other person, the consent in writing of theAttorney General or the Advocate General is required.
Why the Attorney General have to grant consent?
In cases of criminal contempt of court, which means the publication of material that scandalises or lowers the dignity of the court or prejudices orinterferes with the proceedings of the court, the consent of the Attorney General is required under the law.
Why the consent is required?
The reason behind the consent of the Attorney General before takingcognizance of a complaint is to save the time of the court.
Judicial time issquandered if frivolous petitions are made and the court is the first forum forbringing them in.
Is the AG’s consent mandatory for all contempt of court cases?
The AG’s consent is mandatory when a private citizen wants to initiate a case ofcontempt of court against a person.
When the court itself initiates a contempt of court case, the AG’s consent is not required.
Article 129 of the Constitution gives the Supreme Court the power to initiatecontempt cases on its own, independent of the motion brought before it by the AGor with the consent of the AG.
And what happens if the AG denies consent?
If the AG denies consent, the matter all but ends.
The law hasa limitation period of one year for bringing in action against an individual.
