7
Procedure for Supreme Court and High Court
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 :‑ 7. Procedure for Supreme Court and High Court.‑--- (1) Whenever it appears to the Supreme Court or the High Court that there is sufficient ground for believing that a person has committed contempt of court and that it is necessary in tile interest of effective administration of justice to proceed against him, it shall make an order in writing to that effect setting forth the substance of the charge against the accused, and, unless the Chief justice is already on the Bench, the Judge or judges take cognizance of the matter, shall forward the case to the Chief justice for constitution of Bench. The Bench shall comprise of not less than two Judges, unless the Chief Justice for the reason to be recorded, otherwise directs. (2) The Court shall issue notice to the accused and inform him grounds on which he is charged. (3) The Court, after holding such inquiry and taking such evidence as it deems necessary or is produced by the accused in his own defence and after hearing the accused and such other person as it deems fit, shall give a decision in the case: Provided that, in any such proceedings before the Supreme Court or the High Court, any finding given in its own proceedings by the Supreme Judicial Council about the nature of an averment made before it, that is relevant to the requirements of clause (vi) of the proviso to Section 3, shall he conclusive evidence of the nature of such averment. (4) If contempt of Court is committed in presence of the court, the court may cause the offender to be detained in custody and, at any time before the rising of the court Oil <!le same day, may proceed against him in the manner p!.,~ided for in the preceding sub‑sections. (5) If any case referred to in subsection (4) cannot be finally disposed of on the same day, the Court shall order the release of the offender from custody either on bail or on his own bond.