Supreme Court of India · 1961-03-14
B. K. KAR vs THE CHIEF JUSTICE AND HIS COMPANIONJUDGES OF THEHIGH COURT
- Citation / case number
- SC 1959/97
- Court
- Supreme Court of India
- Petitioner
- B. K. KAR
- Respondent
- THE CHIEF JUSTICE AND HIS COMPANIONJUDGES OF THEHIGH COURT
- Bench
- MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that a subordinate court cannot be held guilty of contempt of court unless it is established that the court had knowledge of the High Court's order and intentionally disobeyed it. In this case, the appellant, a Magistrate, acted on an application that was not duly communicated and thus was entitled to ignore it. The Court ruled that the Chief Justice and judges of the High Court should not be made parties in contempt proceedings, emphasizing that the proper title should be 'In re... the alleged contemnor'. The conviction for contempt was overturned.