
What all we need to know about Contempt of Court?
What all we need to know about Contempt of Court?
Today
Supreme Court held that bigger question needs deeper scrutiny in contempt of
court cases owing to allegations of judicial corruption.
The
top court ordered the above while hearing a 2009 contempt of court case against
the Lawyer Prashant Bhushan. Mr Prashant Bhushan was charged when he levelled
allegation of the judicial corruption during an interview to Tehelka Magazine.
What is Contempt of Court?
Contempt
of Court is a legal mechanism that seeks to safeguard judicial institution from
unwarranted criticism and allegations and empower the judiciary itself to
punish those who are accused of contempt of court.
What is the legal basis for
Contempt of Court?
There
were laws for contempt of court in the Pre-Independence period too. Some
Princely states also had laws for contempt cases. However, during the adoption
of the Constitution of India following measures were incorporated with respect
to the contempt cases.
1. Contempt of Court is made one of the restriction
in the fundamental right of freedom of speech and expression( Article-19)
2. Article 129 empower the Supreme Court of punish
those who are accused of contempt of Supreme Court.
3.
Similarly Article 215 empowers the high court to
punish the contempt of itself.
4. In addition to above, Contempt of Court cases
Act 1971 also confers statutory basis of the contempt of court.
What are the different forms of
Contempt of Court?
The
Contempt of Court law classify the contempt of court into two:
- Civil
- Criminal
Civil
contempt is quite simple and involves when someone knowingly disobeys the Court’s
order or breaches undertaking submitted to court.
On
the contrary the Criminal Contempt is very complex and involved following three
types:
a) words, written or spoken, signs and actions that
“scandalise” or “tend to scandalise” or “lower” or “tends to lower” the
authority of any court
b)
prejudices or interferes with any judicial
proceeding and
c)
interferes with or obstructs the administration
of justice.
What doesn’t qualify as
Contempt of Court?
Reporting
of Judicial proceedings in fair and accurate fashion will not qualify as
contempt of court.
Truth
as legitimate defence only if it aims to protect the public interest and when
the invocation was in just manner. (This
provisions was inserted in the Act in 2006)
Also,
just criticism of judicial order on its virtues once the court case is heard
and disposed.
What’s the bigger question that
needs deeper scrutiny?
Justice Arun Mishra elaborated on the bigger
questions. According to him, two questions arises whose answer is sought after.
First, what is the process for any grievance against any judge? Secondly, up to
what extant any matter which is under subjudice can be discussed in the
electronic or other platform.
Conclusion:
The
contempt of court was enacted in order to safeguard the impartiality of the
court, prevent any unwarranted attack on judiciary which may lower its
authority and protect the faith of the people on judiciary. In Today’s order, judiciary
has taken a major step in order to enhance the popular faith on its
impartiality and the case may result in a process which aims to fix the accountability
of judiciary of any allegation of misconduct.
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