On 25-2-2025, the High Court of Delhi notified the Contempt of Courts (Delhi High Court) Rules, 2025 to maintain respect for the judicial process and ensure that court orders are followed diligently. The provisions came into force on 25-2-2025.
Key Points:
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Contempt in the face of the High Court:
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If the High Court alleges or it appears to the High Court that a person is guilty of contempt which has been committed in its presence or hearing, then the Court can detain such person in custody at any time on the same day or as early as possible and:
✓ Inform the person charged of his alleged contempt in writing;
✓ afford him an opportunity to make his defense to the charge;
✓ After taking evidence and hearing the person charged proceed to determine the matter of charge;
✓ Make order as contemplated under Section 12 of the Contempt of Courts Act, 1971 relating to Punishments.
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If the person charged with contempt is tried by a Judge other than the Judge or Judges in whose presence or hearing the offence is alleged to have been committed, the matter will have to be placed before the Chief Justice in interest of proper administration of justice.
In such case, the Judge/Judges in whose presence the contempt was committed will not be called to appear as witness or for cross examination.
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Mode of taking cognizance:
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Of Civil Contempt:
✓ On a petition presented by a party or parties aggrieved;
✓ On information laid before it by the Registrar General of the High Court;
✓ In case of any civil contempt of district courts, on reference made to it by that Court;
✓ Suo motu.
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Of Criminal Contempt:
✓ On the motion or recommendation of the Law Officer;
✓ On the motion of any other person with the prior consent in writing of the Law Officer;
✓ On a reference specifying the contempt by a district Court or on an application received by it;
✓ On information laid before it by the Registrar General of the High Court or brought to its notice by any other person;
✓ Suo motu.
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No proceeding for contempt will be initiated after the expiry of 1 year from the date on which the contempt alleged to have been committed.
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Contents of the petition:
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name, description and place of residence of the petitioner and the person charged;
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nature of the contempt alleged and material facts;
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contain complete particulars of the conduct and material upon which the petition is founded and shall distinctly state the particulars of the alleged contumacious conduct;
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If any petition has been previously made by the petitioner on the same facts;
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When any person charged with contempt is brought before the High Court, while he is in custody and seeks bail, he can be released on bail subject to furnishing a personal bond and surety to the satisfaction of the High Court.
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Appeals will be filed in accordance with the rules contained in Chapters 1-A(a) and 2-C of Volume V of High Court Rules and Orders.
No fee will be applicable on the memorandum of appeal filed by the contemnor.
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Procedure in Contempt Proceedings:
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Every person against whom proceedings are initiated will be defended by an Advocate of his choice;
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Petitioner will not be required to file the process fee for service of process on the respondent;
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In case, the respondent is the Government, the name and designation of the person upon whom notice is to be served will be shown in the cause title;
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No court fee shall be payable on any petition, or any document filed in contempt proceedings;
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In a case where any proceedings are initiated suo motu by the High Court, the Registry will prepare the paper book/e-file in a case of criminal contempt/ civil contempt and provide copies to the respondent either physically electronically;
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When any person is summoned by the High Court to appear as a witness, the expenses of summoning will be paid by the Registrar out of the Contingency Fund;
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High Court may direct any party to a proceeding to pay the costs thereof as determined by it to any other party;
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It will be the duty of the Registrar to carry out, enforce and execute the orders passed by the High Court in any proceeding under the Act, in particular the orders imposing fine or awarding costs.
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