Contempt Jurisdiction VII

A person does not commit contempt if, during the pendency of certain proceedings, he takes recourse to other judicial proceedings open to him, even though the latter proceedings put the other party at a loss [Pratap Singh v. Gurbaksh Singh, 1962 SCR Supp. (2) 838; Radhey Lal v. Niranjan Nath, (2004) 5 SCC 119; Mehar Rusi Dalal (Mrs.) v. T.K. Banerjee, (2004) 5 SCC 119]. As such, merely taking recourse to the statutory remedy available, in our view, would not amount to contempt.

Kanwar Singh Saini v. High Court of Delhi, (2012) 4 SCC 307 observed, contempt proceedings are quasi-criminal in nature and the standard of proof required is in the same manner as in other criminal cases. The alleged contemnor is entitled to the protection of all safeguards/rights which are provided in criminal jurisprudence, including the benefit of doubt.

Hon’ble Justice B.R. Gavai, Rama Narang v. Ramesh Narang, [Contempt Petition (Civil) No. 92 of 2008].