The Delhi High Court is considering a significant legal question: whether the Attorney General of India's opinion refusing permission to start criminal contempt proceedings can be judicially reviewed by a High Court under Article 226 of the Constitution.
The Delhi High Court has observed that an important legal question arises on whether the opinion of the Attorney General of India refusing permission to initiate criminal contempt proceedings can be challenged before the High Court under Article 226 of the Constitution. Justice Purushaindra Kumar Kaurav was hearing a petition filed by Venkatesh S, challenging an order dated November 30, 2023, passed by the Attorney General of India refusing consent for a criminal contempt action.
Key Legal Questions Raised
The Court noted that the petition raises two significant issues for consideration. The first issue is whether the Attorney General's opinion refusing permission for filing criminal contempt proceedings under Section 15 of the Contempt of Courts Act, 1971, can be subjected to judicial review by the High Court. The second issue is whether the article in question itself calls for criminal contempt action.
Court's Deliberation and Further Hearing
The High Court further recorded that there are differing views among various High Courts on the first legal issue, and therefore, the matter requires detailed consideration. During the hearing, Additional Solicitor General Chetan Sharma assisted the Court and submitted a written note, which the Court said had "sufficiently guided" it in examining the matter. The Court has now issued notice to a respondent and directed them to file a reply before the next date of hearing. The matter has been listed for further hearing on September 29, 2026.
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