Delhi High Court quashes contempt notice issued illegally to CBI Director by a Special CBI Court

𝐃𝐞𝐥𝐡𝐢 𝐇𝐢𝐠𝐡 𝐂𝐨𝐮𝐫𝐭 𝐪𝐮𝐚𝐬𝐡𝐞𝐬 𝐜𝐨𝐧𝐭𝐞𝐦𝐩𝐭 𝐧𝐨𝐭𝐢𝐜𝐞 𝐢𝐬𝐬𝐮𝐞𝐝 𝐢𝐥𝐥𝐞𝐠𝐚𝐥𝐥𝐲 𝐭𝐨 𝐂𝐞𝐧𝐭𝐫𝐚𝐥 𝐁𝐮𝐫𝐞𝐚𝐮 𝐨𝐟 𝐈𝐧𝐯𝐞𝐬𝐭𝐢𝐠𝐚𝐭𝐢𝐨𝐧 𝐂𝐁𝐈 𝐃𝐢𝐫𝐞𝐜𝐭𝐨𝐫 𝐛𝐲 𝐚 𝐒𝐩𝐞𝐜𝐢𝐚𝐥 𝐂𝐁𝐈 𝐂𝐨𝐮𝐫𝐭

New Delhi

𝐀 𝐒𝐩𝐞𝐜𝐢𝐚𝐥 𝐂𝐁𝐈 𝐜𝐨𝐮𝐫𝐭 𝐢𝐬𝐬𝐮𝐞𝐝 𝐬𝐡𝐨𝐰-𝐜𝐚𝐮𝐬𝐞 𝐧𝐨𝐭𝐢𝐜𝐞 𝐭𝐨 𝐭𝐡𝐞 𝐃𝐢𝐫𝐞𝐜𝐭𝐨𝐫 𝐨𝐟 𝐭𝐡𝐞 𝐂𝐞𝐧𝐭𝐫𝐚𝐥 𝐁𝐮𝐫𝐞𝐚𝐮 𝐨𝐟 𝐈𝐧𝐯𝐞𝐬𝐭𝐢𝐠𝐚𝐭𝐢𝐨𝐧 (𝐂𝐁𝐈) :

A Spe­cial CBI court issued show-cause notice to the Director of the Central Bu­reau of Investigation (CBI) for initiation of contempt proceeding over “deliber­ate non­compliance” of its orders.

𝐏𝐥𝐞𝐚 𝐟𝐢𝐥𝐞𝐝 𝐛𝐲 𝐭𝐡𝐞 𝐂𝐁𝐈 𝐢𝐧 𝐃𝐞𝐥𝐡𝐢 𝐇𝐢𝐠𝐡 𝐂𝐨𝐮𝐫𝐭 :

A plea was filed by the CBI against two recent orders passed by the Special CBI judge.

𝐓𝐡𝐞 𝐃𝐞𝐥𝐡𝐢 𝐇𝐢𝐠𝐡 𝐂𝐨𝐮𝐫𝐭 𝐡𝐚𝐬 𝐪𝐮𝐚𝐬𝐡𝐞𝐝 𝐚𝐧 𝐨𝐫𝐝𝐞𝐫 𝐨𝐟 𝐚 S𝐩𝐞𝐜𝐢𝐚𝐥 𝐂𝐁𝐈 𝐜𝐨𝐮𝐫𝐭 :

Justice Chandra Dhari Singh said it was “outright­ly illegal” for the Special CBI Judge to issue show-­cause notice to the CBI Di­rector to explain why not a reference of contempt of court be made against the CBI officers for the purport­ed non­compliance of its orders.

“Under Section 15 of the said (Contempt of Courts) Act, only the Supreme Court and the High Courts have the power to suo motu take cognisance of the al­leged contemptuous acts,” Justice Singh said.

The Special CBI Judge’s order was against the pro­cedure laid down under the Contempt of Courts Act as also under the rules framed by the High Court as regards the contempt proceedings, Justice Singh added.

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