6
Bars to taking cognizance
Act: Azad Jammu and Kashmir Contempt of Court Act 1993
Section Provisions
THE CONTEMPT OF COURTS ACT, 1993 THE CONTEMPT OF COURTS ACT, 1993 (ACT XXVII OF 1993) (Dated June 26, 1993) WHEREAS it is necessary and expedient to provide for and enforce the law relating to Contempt of Courts in the manner hereinafter appearing; It is hereby enacted as follows :‑ 6. Bars to taking cognizance.‑ (1) No High Court shall take cognizance under this Act of a contempt alleged to have been committed in respect of a Court subordinate to it where the said contempt is an offence punishable under the Penal Code. (2) No Court shall take cognizance, as of a contempt of court, of any averment made before the Supreme Judicial Council in respect of which the Supreme Judicial Council has given a finding that the averment full‑filled the requirements of clause (vi) of the proviso to Section 3. (3) No Court shall take cognizance of a contempt of court arising from an averment made in due course in appellate, revisional or review proceedings, till such proceedings Dave been finalized and no further appeal, revision or review lies. (4) No Court shall take cognizance of a contempt of court arising from an averment made before the Chief justice of the High Court, the Chief justice of the Supreme Court of Azad Jammu and Kashmir, the Supreme Judicial Council, the President, the Prime Minister, the Azad Government of the State of Jammu and Kashmir or the Azad Jammu and Kashmir Council, unless the authority, before which the averment was made so directs.