A show-cause notice is not a finding of contempt. The order records none of the remarks complained of, no evidence has been led, and the respondents are yet to answer the notice. Their personal presence has been exempted at this stage.
- Case
- Supreme Court Bar Association v. Nikhil Wagle & Anr.
- Court
- Supreme Court of India
- Decision
- Bench
- Hon'ble the Chief Justice of India; Hon'ble Mr. Justice Joymalya Bagchi
- Case numbers
- Contempt Petition (Crl.) No. 2/2026
- Outcome
- Show-cause notice issued on 16 October 2026 in Contempt Petition (Crl.) No. 2/2026; dasti service permitted in addition; personal presence of the alleged contemnor(s) exempted; matter posted to 28 October 2026 before an appropriate Bench after obtaining necessary orders from the Chief Justice of India.
Show-cause notice issued in SCBA's criminal contempt petition
The Supreme Court on 16 October 2026 issued notice to show cause as to why criminal contempt proceedings should not be initiated against Nikhil Wagle and another respondent, in Contempt Petition (Crl.) No. 2/2026 filed by the Supreme Court Bar Association. The matter was heard by a Bench of the Chief Justice of India and Justice Joymalya Bagchi, and was listed at Item No. 65 in Court No. 1.
The operative direction, in a single paragraph, is that notice is issued to show cause as to why criminal contempt proceedings 'be not initiated' against the respondents. Nothing more is stated about the substance of the allegations in the petition: the two-page record of proceedings contains no account of the remarks complained of and records no finding on them.
The rest of the order: dasti, exemption of presence, and the next date
The order makes three further directions. First, 'dasti, in addition, is permitted' — dasti is hand delivery of the Court's order by the party, permitted alongside the ordinary mode of service. Second, 'the presence of the alleged contemnor(s) shall remain exempted' — the respondents are not required to appear personally at this stage. Third, the matter is posted on 28 October 2026 'before appropriate Bench after obtaining necessary orders from Hon'ble the Chief Justice of India' — that is, the Bench that will hear the matter next is to be fixed after orders from the Chief Justice.
The record also notes IA No. 324994/2026, an application for exemption from filing the original/official translation, and lists a large team of senior counsel for the petitioner, including Pradeep Kumar Rai, Rahul Kaushik, Aparna Bhat, Ruchi Kohli, Nachiketa Joshi, P.H. Parekh, Pijush Kanti Roy and Ravi Shankar Jandhyala, along with the petitioner's advocate-on-record Pragya Baghel. The order was digitally signed on 16 October 2026 at 17:35:25 IST.
BANTHRY ANALYSISAnalysis: what a show-cause notice in criminal contempt means — and what it does not
A show-cause notice is the threshold stage of contempt proceedings, not their conclusion. By issuing it, the Court says the petition raises a question worth a formal answer — it does not say the respondents have committed contempt. The question the respondents must answer is why proceedings 'be not initiated': in other words, the Court is asking for their response before deciding whether a full contempt proceeding should even begin.
Contempt of the Supreme Court is governed by Article 129 of the Constitution and the Contempt of Courts Act, 1971. Criminal contempt, as distinct from civil contempt, broadly concerns publications or acts that scandalise the Court, prejudice judicial proceedings, or obstruct the administration of justice — though none of these elements is stated or discussed in this order. The exemption of personal presence at this stage is consistent with the procedural posture: at the show-cause stage, the respondents answer on paper before anything further is decided.
BANTHRY ANALYSISAnalysis: 'appropriate Bench' — why the Chief Justice's orders are needed
The direction that the matter be posted 'before appropriate Bench after obtaining necessary orders from Hon'ble the Chief Justice of India' reflects how Benches are assigned: the Chief Justice, as master of the roster, allocates matters to Benches. The order does not say which Bench will hear the matter next; it leaves that assignment to the Chief Justice's orders.
The use of 'alleged contemnor(s)' in paragraph 3 is itself instructive: the Court refers to the respondents as alleged contemnors, consistent with the order's posture that no determination has been made. A show-cause notice frames a question for the respondents to answer; the adjudication comes only after that answer is on record.
What the order does not decide — and the takeaway for law students
This order does not decide whether any contempt was committed. It does not set out the remarks complained of, does not record any evidence, and does not make any observation on the merits of the petition. The respondents have not yet answered the show cause. Any account of what the underlying petition alleges — as distinct from what the Court has ordered — comes from outside this record.
For law students, the order is a compact lesson in distinguishing stages: filing a contempt petition is an allegation; a show-cause notice is the Court deciding the allegation deserves a formal response; initiation of proceedings is a further step; and a finding of contempt is a still further one. Each stage has its own test, and this order stops at the second. The next milestone is 28 October 2026, when the matter comes back before the Court.
READING PROMPTSQuestions for a closer reading
- A show-cause notice for criminal contempt has been issued and the respondents' personal presence has been exempted. Has the Court held anyone guilty of contempt? Explain with reference to what the order says and what it does not say.
- The order posts the matter 'before appropriate Bench after obtaining necessary orders from Hon'ble the Chief Justice of India'. What does this direction indicate about how the case will be assigned for its next hearing?
- The order permits 'dasti, in addition'. In procedural terms, what is dasti service, and why might a court allow it alongside the ordinary mode of service?
