NO unlimited power

In Khemchand Agrawal Vs. Commissioner, Irrigation 2004 SCC OnLine Ori. 119 rejected the argument of unlimited power and it is specifically observed that if the provisions of Contempt of Courts Act, 1971 are held to be not applicable then tomorrow any Judge can pass a death penalty in contempt cases. It is ruled as under ““Article 215 of the Constitution does not prescribe the quantum of punishment to which a person found guilty of contempt of High Court can be sentenced. But the Contempt of Courts Act, 1971 contains the provisions prescribing the maximum punishment to which a person found guilty of contempt of High Court can be sentenced. Now, if this provision prescribing maximum punishment under the Contempt of Courts Act, 1971 is held to be inapplicable to the power of High Court under Article 215 of the Constitution to punish for contempt of itself, then a person 21 found guilty of contempt of High Court can be sentenced to life imprisonment also or to even death sentence. If the proposition of Calcutta High Court and Karnataka High Court in this regard is to be accepted then, there is no escape from the conclusion that High Court can sentence a person found guilty of contempt of itself to life imprisonment or to death sentence. Surely, such a proposition cannot be accepted