A three-judge full bench of Apex Court held as follows.
M.A Khaliq and Ors Vs Ashok Kumar and Anr on 15 Sep 2021
The report of the Metropolitan Sessions Judge, after due inquiry into the matter sets out the factual details of the matter. The report indicates that the contempt petitioner was not only summoned to Akividu Police Station in the name of counseling but was also detained. In the circumstances, there was clear violation of the directions issued by this Court not only in Arnesh Kumar but also in the case in D.K. Basu v. State of West Bengal.
The mere fact that no crime was registered, could not be a defence, nor would it be an escape from the rigour of the decisions rendered by this Court. As a matter of fact, summoning the person without there being any crime registered against him and detaining him would itself be violative of basic principles.
In the circumstances, the Division Bench was not right and justified in setting aside the view taken by the Single Judge of the High Court. We, therefore, allow this appeal. While setting aside the decision of the Division Bench of the High Court, we restore the decision of the Single Judge.
However, considering the facts and circumstances on record, the substantive sentence of three months as recorded in paragraph 32 of the decision of the Single Judge is modified to 15 days leaving rest of the incidents of sentence completely intact.
The contemnor shall surrender himself before the Registrar of the High Court within two weeks from today.
Other Sources :
Division Bench decision is here.Ashok Kumar Vs M.A.Khaliq on 18 Jul 2019
Single Judge decision is here.M.A Khaliq and 2 Ors Vs Bhaskar Bhushan and Anr on 20 Nov 2018
Review petition was filed but withdrawn by the contemnor himself.Ashok Kumar Vs M.A.Khaliq on 30 Mar 2022