Allahabad High Court Dismisses Appeal Against Contempt Petition Dismissal
Special Appeal Found Not Maintainable Under Contempt of Courts Act, Citing Supreme Court Precedents
In a significant ruling, the Allahabad High Court dismissed the Special Appeal filed by Alok Kumar Yadav against the dismissal of a contempt petition, reinforcing the established legal position on the non-maintainability of such appeals. The Division Bench, comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra, upheld the principles laid down by the Supreme Court in the landmark case of Midnapore Peoples' Co-operative Bank Ltd. v. Chunilal Nanda.
The appellant, Alok Kumar Yadav, had challenged an order dated July 30, 2025, passed by a learned Single Judge, which dismissed a contempt application due to a lack of wilful disobedience. The appellant's counsel cited the judgment in Tasneem Fatima v. Sri Amit Mohan Mishra, arguing the maintainability of the special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952. However, the court found this judgment to be per incuriam, as it ignored binding precedents.
The bench clarified that an intra-court appeal is not maintainable against orders declining to initiate contempt proceedings, dropping contempt proceedings, or acquitting a contemnor, as per Section 19 of the Contempt of Courts Act, 1971. The exceptions to this rule are strictly governed by the Supreme Court's decision in the Midnapore case, which outlines specific circumstances under which an appeal might be considered.
The court emphasized that the jurisdiction of a contempt court is limited to assessing whether contempt has occurred and imposing appropriate sanctions. It cannot address substantive issues of the original dispute between parties. Furthermore, any direction or decision relating to the merits of a dispute in contempt proceedings is not appealable under Section 19, unless it is incidental to an order punishing for contempt.
Reiterating past judgments from the Allahabad High Court and the Supreme Court, the bench noted the consistent position that appeals challenging the dismissal of contempt proceedings are not maintainable. The judgment in Tasneem Fatima was deemed flawed due to its disregard for established legal precedents.
In conclusion, the court dismissed the intra-court appeal, reinforcing the principle that appeals against dismissal of contempt petitions are non-maintainable, barring exceptional circumstances identified in authoritative Supreme Court rulings.
Bottom Line:
Appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952, against dismissal of contempt petition is not maintainable except under specific circumstances as carved out in the judgment of the Supreme Court in Midnapore Peoples' Co-operative Bank Ltd. v. Chunilal Nanda.
Statutory provision(s): Contempt of Courts Act, 1971 Section 19, Allahabad High Court Rules, 1952 Chapter VIII Rule 5
Alok Kumar Yadav v. Sri. Ashish Kumar Pandey, (Allahabad)(DB) : Law Finder Doc Id # 2785800
