SAMMBHU NATH JHA versus KEDAR PRASAD SINHA & ORS.

SAMMBHU NATH JHA versus KEDAR PRASAD SINHA & ORS.

Publication of the notification, including allegations, in the official gazette, and subsequently in the newspaper, did not constitute contempt of court as the matters in the inquiry and the pending court proceedings were distinct and statutory publication requirements were fulfilled.

Parties
Appellant: Sammbhu Nath Jha; Respondent: Kedar Prasad Sinha; Applicant: Arjun Pandey
Jurisdiction
India
Judgment Date
24 January 1972
Procedural Posture
Criminal Appeal / Appeal by Special Leave Against Patna High Court Judgment on Contempt of Court
Outcome
Appeal allowed; judgment of the High Court set aside; rule for contempt discharged.
Legal Topics
Interference With Justice, Publication of Official Notifications, Statutory Requirements for Government Publications
Contempt of Court Commissions of Inquiry Interference With Justice Publication of Official Notifications Statutory Requirements for Government Publications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Sammbhu Nath Jha

Appellant

Kedar Prasad Sinha

Respondent

Arjun Pandey

Applicant

Procedural Posture

Criminal Appeal / Appeal by Special Leave Against Patna High Court Judgment on Contempt of Court

Legal Issues

  1. 1 Whether publication in a newspaper of a notification instituting an inquiry constitutes contempt of court when related proceedings are pending
  2. 2 Whether section 3(1) of the Commissions of Inquiry Act, 1952 mandates publication in the official gazette

Ratio Decidendi

Publication of the notification, including allegations, in the official gazette, and subsequently in the newspaper, did not constitute contempt of court as the matters in the inquiry and the pending court proceedings were distinct and statutory publication requirements were fulfilled.

Court Disposition

Appeal allowed; judgment of the High Court set aside; rule for contempt discharged.

Orders

  • Judgment of Patna High Court set aside.
  • Rule against appellant for contempt of court discharged.