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Supreme Court in the contempt proceedings held that natural justice needs to be followed particularly when unconditional apology was tendered and therefore conviction set aside. The contempt arose out of a reference made by the Metropolitan Magistrate, Patiala House Courts, Delhi through the District and Sessions Judge, Delhi. It was found that no inquiry whatsoever has been conducted either at the time of making of a report to the District Judge or at the time of the District Judge forwarding the reference to the High Court. High Court ought to have conducted inquiry and that having not been done and the punishment having been solely imposed on the basis of reference made by Dist. Judge and the affidavit in response therefore Apex Court held that the principles of natural justice have not been complied with fully. All that apart, Apex Court finds that the appellant had tendered unconditional apology. In view of the above circumstances, the apology tendered by the appellant is taken on record and Court set aside the conviction and sentence imposed upon the appellant.

Case:

Kuldeep Mansukhani Vs. Court on its own motion, High Court Of Delhi

 

Citation:

2018 ALL SCR (Cri) 1553

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