Contemnor cannot claim trial or examine witnesses as a matter of right: Delhi HC

The Delhi High Court has held that a contemnor cannot claim trial or examine witnesses in his/her favour as a matter of right. (Court on its own mottion vs Sabran Kaur).While sentencing a person to imprisonment till the rising of the court, the court also stated that a petitioner cannot come to Court with unverified facts and abuse the process of Court..The judgement was passed by a Division Bench of Justices Manmohan and Sangita Dhingra Sehgal..The Court had initiated suo moto criminal contempt proceedings against one Sabran Kaur (Contemnor) after it found that she had made false averments in her habeas corpus petition with respect to one allegedly missing person, Sumit's whereabouts. .The Court had found that the Contemnor used the writ jurisdiction as a tool to scuttle the investigation in a murder case by putting “fear of Court” in the minds of police officials..In the reply to the contempt notice, the Contemnor stated that she had no knowledge about the production of Sumit before a Duty Metropolitan Magistrate. She thus submitted that she wanted to exercise her right to examine Sumit and others as her witnesses before the Court..The Delhi Police submitted that after Sumit was arrested, his relative was informed and the same is recorded in the arrest memo..After considering the submissions made by the parties, the Court opined that contempt proceedings were separate and distinct from other criminal proceedings..It said,“.. contempt proceedings are sui generis and the Court is free to evolve its own procedure consistent with fairplay and natural justice. The elaborate procedure involving framing of charge, recording of evidence, cross-examination etc. as followed in a criminal trial, need not be followed in contempt proceedings. The contemnor is not in the same position as an accused person.”.In view of the above, the Court held that the contemnor could not claim trial or examine witnesses in her favour as a matter of right..Further stating that a petitioner cannot come to Court with unverified facts and abuse the process of Court, the Court observed,“.. Kaur cannot claim to be unaware of the fact that petitioner Nos. 4 and 6 in W.P. (Crl). No.2099/2019 were produced before the learned Duty Metropolitan Magistrate by the police after following due process. Ms. Sabran Kaur is certainly expected to discover and disclose all the facts pertaining to the case as it is the duty of the petitioner to exercise due diligence and find the true facts before approaching this Court for a writ of habeas corpus.”.It further noted the Supreme Court’s decision in Kishore Samrite vs. State of U.P. (2013) to state that judicial process cannot become an instrument of oppression or abuse to subvert justice by unscrupulous litigants..In view of the above, the Court concluded,.“..this Court is of the view that the respondent–Ms. Sabran Kaur, without verification of facts, had made false averments in the writ petition being W.P. (Crl.) No.2099/2019, which amounts to interference with administration of justice. Consequently, this Court finds Ms. Sabran Kaur guilty of criminal contempt of Court.”Delhi High Court.Consequently, the Court directed that the Contemnor be sentenced to imprisonment till the rising of the Court along with a fine of Rs.2000 to be deposited with the Registry of the Court within one week..It said,"..keeping in view the fact that Ms. Sabran Kaur is an aged lady, this Court is of the opinion that ends of justice would be met if the contemnor–Ms. Sabran Kaur is sentenced to imprisonment till the rising of the Court along with a fine of Rs.2000/- to be deposited with the Registry of this Court within one week. She is also directed to be more careful in future.".Advocate MirAkhtar Hussain represented the Contemnor. .Standing counsel (Crl) Rahul Mehra represented the State with Advocates Chaitanya Gosain, Divyank Tyagi..Read the Judgement: