Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Court can make order of indefinite duration in matters of civil contempt
|
or click here to request site subscription to search and view all judgments |
High Court, in habeas corpus proceedings, refuses to order release of the applicant, who is imprisoned for contempt for failing to pay maintenance, on the grounds that the order of the Circuit Court was valid on the face of it, and there was no case of fundamental denial of justice since it was permissible for a court to make an order of indefinite duration when the court is exercising its jurisdiction in matters of civil contempt.
Article 40.4.2 – unlawful detention – arrest and committal of the applicant on foot of contempt for failing to pay maintenance – whether a sentence of life imprisonment has been imposed upon the applicant because he does not have the means with which to discharge the arrears due to his former wife pursuant to the order of the Circuit Court – whether it is permissible for a court to make an order of indefinite duration when the court is exercising its jurisdiction in matters of civil contempt – Circuit Judge was exercising a coercive jurisdiction only – whether there had been a fundamental denial of justice as the applicant was not in court, or was not represented, when the order for his committal was made – order of the Circuit Court in this case is valid on its face and there is no evidence before the Court as to a fundamental denial of justice, or a fundamental flaw – application for release refused.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
