Monday 2 February 2015

High Court of Kerala declines to exercise jurisdiction in a contempt case holding the same to be barred by limitation



A Division Bench of the High Court of Kerala comprising of Acting Chief Justice Ashok Bhushan and Justice AM Shaffique declined to exercise jurisdiction in a contempt of court case filed by one Sreenivas P of Karazhma in Mavelikkara as the same was barred by limitation.


In the petition filed originally before the court in 2009, Sreenivas, who is a devotee of the temple, had sought appointment of a permanent priest so as to dispose with the practice of engaging substitute priests. A Division Bench of the Court vide its judgment dated 03.12.2009 had asked the Travancore Devaswom Board (TDB) to expedite the appointment of priests on a permanent basis.

Though the petitioner's case was that no permanent priests had been appointed in the past three years despite the positive direction of the High Court in its judgment dated 03.12.2009, he approached the Court alleging non-compliance by the TDB with the said judgment of the Court, only on 19.01.2015.

Declining to entertain the contempt case, the Bench held, "The direction was issued on 3.12.2009. This contempt case has been filed only on 19.1.2015. Section 21 of the Contempt of Court Act prohibits initiation of any proceedings after lapse of one year. The non-compliance of direction issued in 2009 cannot be entertained in this application filed in 2015."

Section 20 of the Contempt of Courts Act, 1971 which prescribes a period of limitation for bringing actions for contempt of Court, says :  

"No court shall initiate any proceedings if contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed."

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