Skip to main content

What constitutes Criminal Contempt Of the Court


Whereas Contempt Petition was filed by Senior Counsel Harish Salve against his professional brother Senior Counsel Prashant Bhushan, in the Supreme Court, for his alleged contemptuous article against Supreme Court Judges in Tehelka Publication, as I see the Petition is misconceived, inasmuch as, the alleged contemptuous article though originating from Prashant Bhushan, but it is the Editors of Tehelka who took a final call and decided to publish that alleged contemptuous article. (Emphasis added)

It is the act of publication of that alleged contemptuous article which is imagined as prejudiced the minds of people towards dignity of apex court of the country. Had Tehelka Editors would have decided otherwise, no contempt can be made out against Prashant Bhushan notwithstanding the alleged article yet in being. (Emphasis added)

However, Prashant Bhushan could have been alleged of contempt had the medium of publication to the people at large were also to originate from Prashant Bhushan.

Of course, without prejudice to Tehelka right to defend, in the circumstances, it feels that, it is the Editors of Tehelka who can be alleged to have committed contempt of court by publishing that “contemptuous article”.

I take the liberty to cite here one US landmark case popularly known as Pentagon papers case. [New York Times v United States 403 US 713 (1971)] This what US court said- that the constitution bars any restraint upon newspaper publication, regardless of the nature of material published, except under special circumstances where it would result in direct, immediate and irreparable damage to the nation.

Very recently, it was reported that Chhatisgarh govt was contemplating action against Arundhati Roy for her alleged glorifying article about Maosists in Outlook magazine. But, isn't, it is the Outlook who has glorified, if at all glorified.

When come to law of Criminal contempt of the court, wherein a Citizenry, having acted in a manner, is exposed to personal interpretation of every second Judge, isnt it is desirable that a Citizenry is told with reasonable certainty beforehand that his 'this' act will constitute criminal contempt of the court.

Today, the scene is, that my alleged act is an sure offence for one Judge and none for second Judge. This is not good. The Court must find the occasion to fix the offence. "lowered the dignity"..... "tarnished image"....... concept are fundamentally personal opinion of every individual.... where the saying goes as- we do not see things as they are, but we see things as we are"............ Therefore, a greatest degree of certainty must be supplied to every law and in particularly to a penal law which seek to imprison a man having committed that offence.

yet an act which is so scandalous in nature & content which every mind of ordinary prudence will regard it unworthy and uncalled for, may be regarded as having element of lowering the dignity... tarnishing the image.

When Judges says that act of Mr.X has lowered and tarnished the image of highest judiciary....... it is of LEAST / NO importance what the Judges feel and infer from alleged acts of Mr.X.......... what is of only importance- when if the general public at large is offended by the alleged act of Mr.X...... and there is public opinion coming that act of Mr.X has lowered and tarnished image ..... and I remember LORD DENNING has put it very beautifully this issue.... let me conveniently turn pages of his book and will get back soon.....

By the way, it is imminent to quote here Chief Justice of US Supreme Court John Marshall: "Power of Judiciary lies not in deciding cases, nor in Imposing sentences nor in punishing for contempt, but in the trust, faith and confidence of the common man".



Sandeep Jalan
Advocate


Legal issues !!
If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.
or
If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation.

Law Referencer: https://www.litigationplatform.com/


Thank you.

Labels:

Comments

Post a Comment

Popular posts from this blog

The Commercial Courts / Suits - Pleadings and Procedure

The Commercial Courts, Act, 2015 – A broad framework In order to ensure speedy disposal of disputes which arises from commercial transactions involving high value, the Parliament of India has come out with a unique legislation namely, The Commercial Courts, Act, 2015; wherein Commercial Courts / Divisions are to be constituted in the existing district Courts and in High Courts; and wherein disputes arising from specified commercial dealings involving claim of Rs.1.00 Crore or above would be adjudicated by these newly constituted commercial Courts / Divisions. By virtue of recent Amendments, the limit of Rs.1.00 crore has been reduced to Rs.3.00 Lakhs; and accordingly claims relating to commercial disputes involving Rs.3.00 Lakhs could now be maintainable under this special regime.  And accordingly, the Code of Civil Procedure, 1908, is substantially amended, wherein new Order XIII-A and XV-A are inserted, apart from new Order XI, Sections 35 for costs, Verification of Plea
Post a Comment
Read more

Leading Evidence during trial

1.       In case where the accused refused to plead guilty of the offence to which he is charged with, and claims to be tried, the Court calls upon the Prosecution / Complainant to lead all the evidences he has in support of his case. 2.       In criminal trial, the evidence are required to be led by the complainant and / or their witnesses by stepping into the witness box and illustrating / demonstrating to what they have witnessed. The Complainant is to examine before the Court, himself, and all other witnesses, who are “witness” to the crime, which is alleged to have been committed by the accused named in the complaint. This examination of himself and other prosecution witnesses is called “Examination – in – Chief. 3.       Giving evidence of facts is critical to any trial, be it civil trial or criminal trial. And therefore, it becomes imperative to understand the dynamics of evidence in legal sense. To put it simply, leading / giving evidence means, proving the exis
1 comment
Read more

Form II under Rule 6 of Rules, 2006, framed under the impugned Act

Impugned Provision / other anomaly Breach of Section / Article FORM II [See Rule 6(1)] Application to the Magistrate under Section 12 of the impugned Act Section 3 – Explanation II; Section 18, 19, 20, 22 and 23 of the impugned Act. Principles of natural justice. FORM II [See Rule 6(1)] Application to the Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005)     To The Court of Magistrate .................................... .................................... .................................... .................................... Application under section ........................ of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005)            SHOWETH: That the application under section.................of Protection of Women from Domestic Violence Act, 2005 is being filed along with a copy of Domestic Incident Report by the:
Post a Comment
Read more