Consent of Advocate General Mandatory for Private Contempt Petitions; High Court Reiterates Suo Motu Powers
In a significant ruling, the Karnataka High Court has reiterated the necessity of adhering to procedural safeguards in contempt proceedings, emphasizing the mandatory requirement of the Advocate General's consent for private contempt petitions under Section 15(1)(b) of the Contempt of Courts Act, 1971. The Division Bench, comprising Justices Anu Sivaraman and Venkatesh Naik T, delivered this judgment on June 16, 2026, in the case of New Space Research and Technologies Pvt. Ltd. v. Prabhat Sharma and others.
The petition filed by New Space Research and Technologies Pvt. Ltd. sought to initiate criminal contempt proceedings against Prabhat Sharma and others, without obtaining the mandatory consent of the Advocate General. The case was brought under Article 215 of the Constitution of India and the Contempt of Courts Act, 1971, aiming to address alleged contempt by the respondents.
The court emphasized that while it retains the inherent power to act suo motu under Article 215, which does not require the Advocate General's consent, procedural safeguards must not be circumvented. The ruling highlighted that frequent use of suo motu powers without procedural adherence could undermine these safeguards.
The High Court clarified that a petition lacking the Advocate General's consent can still be treated as "information" under the High Court of Karnataka (Contempt of Court Proceedings) Rules, 1981. Such information must be placed before the Chief Justice for necessary orders, ensuring that the procedural framework is respected.
This judgment underscores the balance between the court's authority to address contempt and the procedural requirements designed to prevent misuse of contempt jurisdiction. The High Court's decision reinforces the importance of procedural compliance to maintain judicial efficiency and integrity.
Bottom line:-
Criminal Contempt - Petition filed under Article 215 of the Constitution of India and Section 15 of the Contempt of Courts Act, 1971 without obtaining consent of Advocate General - Requirement of Advocate General's consent is mandatory in cases initiated by private motion under Section 15(1)(b) - High Court can take suo motu cognizance based on information received, but procedural safeguards prescribed by the Contempt of Courts Act and High Court Rules must be adhered to.
Statutory provision(s): Article 215 of the Constitution of India, Contempt of Courts Act, 1971 Sections 15, High Court of Karnataka (Contempt of Court Proceedings) Rules, 1981 Rules 5(v), 7
