6 . By the impugned notice, petitioner has been directed to appear physically even before initiation of contempt of court proceedings, as conceived under Rule 401 of Jharkhand High Court Rules, 2001. It is further submitted that the impugned notice if not interfered with, may result in serious adverse consequence and amount to usurpation of power reserved with the High Court. Finally, learned counsel submits that a perusal of media statements issued in press briefing by the petitioner, makes it clear that no scandalous / contemptuous words whatsoever were uttered by him to fall within the meaning of criminal contempt envisaged under sections 2(c) (i)/(ii)/(iii) of the Act. Learned counsel has made specific reference to three newspapers Namely, ‘Prabhat Khabar’, ‘Dainik Jagran’ and ‘Hindustan’ edition dated 24.12.2017 which does not contain any reference to any statement made by the petitioner against the Learned Court or the Learned Judge. The other newspaper is ‘Dainik Bhaskar’ edition dated 04.01.2018, which is of subsequent date after issuance of the impugned notice. It is submitted that the powers of the court to punish for contempt of court are not to be causally exercised. If a person by means of publication,whether of words, spoken or written, or by signs or by visible representation or otherwise does any act which scandalizes or tends to scandalize or lowers or tends to lower the authority of the Court or prejudices or tends to prejudice or interfere or tends to interfere with the due course of any judicial proceedings or interferes or tends to interfere with or obstruct the administration of justice in any other manner, then only such a proceeding for criminal contempt of court can be initiated. Position of law in this regard is well settled by the Apex Court. In the facts of the present case, petitioner has made no such statement or remarks which are either scandalous or have interfered with the judicial proceedings or obstructed with the administration of justice or have tended to do so. The impugned order and the notice issued thereunder deserves to be quashed.
