Polity

Attorney General has refused consent for contempt proceedings against former CJI Gogoi.

·        Section 15 of Contempt of Courts Act 1971, describes the procedure for contempt proceedings against a personal.

·         In the case of the Supreme Court, the attorney General or the peace officer, and within the case of High Courts, the Advocate General, might herald a motion for initiating a case of criminal contempt.

·         However, if the motion is brought by the other person, the consent of the attorney General or the Advocate General in writing is needed.

·         It needs to specify the contempt that the person charged is alleged to beguilty.

 Is AG’s consent obligatory for all contempt of court cases?

·        It is obligatory once a private subject desires to initiate a case of contempt of court against an individual.

·         The objective behind AG’s consent is to save lots of the judicial time of the court because it are wasted if a idle petition happens.

·         AG’s consent isnt required once the court itself initiates a contempt of court case (suomotu) because it did within the case of Prashant Bhushan case.

·         Article 129 of the Constitution provides the Supreme Court the ability to initiate contempt cases on its own, independent of the motion brought before it by the noble metal or with the consent of the noble metal.

What happens if noble metal denies consent?

·         If noble metal denies consent, petition ends there itself.

·         Earlier noble metal denied consent to initiate criminal contempt proceedings against actor SwaraBhasker& against author Shefali Vaidya.However, complainant will urge the court to require Suo motu cognizance.

What happens once the noble metal has granted consent?

·         After the consent, notice is served in person to the person against whom the proceedings are wanted to be initiated by the court.

·         If the court decides to not serve the notice in person, the court needs to record the reasons for it.

·         If the court is glad that the alleged contemnor is probably going to bolt or evade judicial proceedings, it will order attachment of property of a price that it deems cheap.

·         Once the notice is served, the alleged contemnor might file an instrument in support of his defence, explaining the character and circumstances of her remarks.

·         Then the case needs to be detected by a minimum of 2 decide bench which can take under consideration any proof offered to check the affidavit and pass acceptable orders.