A GLIMPSE INTO CONTEMPT OF COURT LAW & PRACTICE

A GLIMPSE INTO CONTEMPT OF COURT LAW & PRACTICE

Author: -Advocate Radhika Verma, Advisory Board Member

Wrongs are often forgiven, but contempt never is. Our pride remembers it forever. -Lord Chesterfield

Introduction

In simple terms, “Contempt of Court” means the offence of being disobedient to or disrespectful towards a court of law and its officers in the form of behaviour that opposes or defies the authority, justice, and dignity of the Court. 

These contempt cases are usually considered as a sort of nuisance that impedes the functioning of the Court. There has been a lot of buzz about it recently over a defamatory tweet of Senior Advocate Mr. Prashant Bhushan on the Chief Justice of India. In this case, the Apex Court took suo moto cognizance. The Supreme Court is empowered by Article 129 of the Constitution to punish for its contempt.

Very recently, Attorney General KK Venugopal has granted consent for contempt proceedings against Artist Rachita Taneja for illustrative and defamatory tweets against Supreme Court. He termed it as a “gross insinuation of the Apex Court”. In her tweets, she depicted that “Top Court” is biased towards the ruling party, and that is why protecting Arnab Goswami.

There were a lot of hues and cry over Kunal Kamra’s (stand-up comedian) tweet also which scandalised the Supreme Court. He had passed deprecating remarks on the Supreme Court in a series of tweets.

In the year 2017, Justice C.S Karnan was convicted of Criminal Contempt of Court by Seven Judge Bench of Supreme Court which sentenced him to undergo imprisonment of 6 months.

Legal Framework

1)Contempt of Court Act of 1971

According to the Contempt of Court Act of 1971, contempt of Court is of two types:

  • Civil Contempt: It is the willful disobedience to any judgment, decree, direction, order, writ, or other processes of a court or wilful breach of an undertaking given to a court.
  • Criminal Contempt: It is the publication (whether by words spoken or written or visible representation) of any matter or the doing of any other act which scandalises or lowers the authority of any court, or interferes with the due course of any judicial proceeding, or obstructs the administration of justice in any other manner.
  • Punishment: The Contempt of Court Act of 1971 punishes the guilty with imprisonment that may extend to six months or a fine of ₹ 2,000 or both.
  • Amendment: It was amended in 2006 to include “truth and good faith” as a defence.

It was added that the Court might impose punishments only if the act of the other person substantially interferes, or tends to interfere with the due course of justice. 

We have a catena of judgments wherein underlying principles of Contempt of Court Law were laid down. Some of them are cited here:-

In Shamsher Singh Bedi v. High Court of Punjab and Haryana1, the Supreme Court held that if remarks made against the Judge are scandalous and can pervert the course of justice by interfering with the proper administration of justice, then it amounts to contempt.

In Pritam Lal v. High Court of M.P.2, the Supreme Court held that to preserve the proceedings of the Courts from interference and to keep the streams of justice pure, it becomes the duty of the Court, to punish the contemnor to preserve its dignity.

In Vincent Panikulangara v. V.R. Krishna Iyer3, a petition for initiating criminal contempt against former Supreme Court judge, Justice V R Krishna Iyer, was filed in the Kerala High Court. The complainant, an advocate, named Vincent Panikulangara, alleged that Justice Krishna Iyer had “scandalised the court” with his comments during a symposium on “judicial reforms”. He had made comments such as “as an insider, there are many things I know which I should mention in public”, “our whole judicial approach has a certain independence from civilised behaviour”, “judiciary today is non-est” etc.

The H.C. held that the comments fell in the realm of “well-informed criticism”.

In Amar Pal Singh v. the State of U.P4., while referring to Justice C.S Karnan Contempt case, it was held that “A Judge is required to maintain decorum and sanctity which are inherent in judicial discipline and restraint. A Judge functioning at any level has dignity in the eyes of the public and the credibility of the entire system is dependent on the use of dignified language and sustained restraint, moderation, and sobriety. It is not to be forgotten that independence of the Judiciary has an integral and inseparable link with its credibility.”

Constitutional Powers

Article 129: The Supreme Court shall be a court of record and shall have all the powers of such a court, including the power to punish for contempt of itself.

Article 215: Every High Court shall be a court of record and shall have all the powers of such a court, including the power to punish for contempt of itself.

The 1971 Act contains adequate safeguards to exclude instances that may not amount to criminal contempt as defined under Section 2(c) of the Act 1971.

Conclusion

It has believed that constructive criticism should be acceptable. However, scathing or defamatory remarks which lower the supremacy and dignity of the Court should be penalized, but this power has to be exercised wisely and judiciously to decide what is Contempt of Court or what is not. Moreover, the power to punish for Contempt of Court should not be exercised to clamp down genuine voices as it impinges the right to freedom of speech and expression, which is a fundamental right guaranteed to every citizen. Especially in a free society or progressive democracy like India, criticism of the Judiciary is inevitable.

Citation

1 AIR 1995 SC 1974
2 AIR 1992 SC 904.
3 1983 KLT 829
4 (2012) 6 SCC 491

Feature Image: – filckr.com

Adv. Radhika Verma

153 thoughts on “A GLIMPSE INTO CONTEMPT OF COURT LAW & PRACTICE

  1. I’m amazed, I must say. Seldom do I come across a blog
    that’s both equally educative and engaging, and let me tell you,
    you have hit the nail on the head. The issue is something
    too few folks are speaking intelligently about. I’m very happy that I found this during my search for something concerning this.

  2. obviously like your web site however you have to check the spelling on quite a few of
    your posts. A number of them are rife with spelling problems and I in finding it very troublesome
    to tell the reality however I’ll surely come back again.

    Also visit my website health mens

  3. I intended to send you a tiny observation to finally thank you so much as
    before relating to the pleasing pointers you’ve discussed above.
    It is so strangely open-handed of people like you giving extensively
    exactly what most of us could possibly have offered for an e-book to earn some cash for themselves,
    especially since you might well have tried it if you ever
    decided. These suggestions likewise served to become a fantastic way to recognize
    that the rest have the identical dreams just as my very own to figure
    out a whole lot more related to this condition. I’m certain there are numerous more fun situations up front for individuals who take a
    look at your website.

    My web page: http://www.mhes.tyc.edu.tw

  4. Heya are using WordPress for your blog platform?
    I’m new to the blog world but I’m trying to get started and
    create my own. Do you require any coding expertise
    to make your own blog? Any help would be really appreciated!

    my homepage; build muscle

  5. I was honored to obtain a call from my friend as he
    observed the important suggestions shared on the site.

    Studying your blog publication is a real amazing experience.
    Many thanks for considering readers much like me, and I
    desire for you the best of achievements as a professional in this field.

    My web-site … Carb Cycle Keto Review

  6. It’s the ƅest time to mаke a few plans fⲟr the
    future and it’s time to be happy. Ι’ve learn this put up and iif
    I may I desire to suggest ʏoou few attention-grabbing issues or advice.
    Perhaps yⲟu can write next articⅼes referгing to this article.

    I desire tο learn more issues about it!

    my site … cara promosi youtube

  7. Excellent pieces. Keep posting such kind of information on your blog.

    Im really impressed by your site.[X-N-E-W-L-I-N-S-P-I-N-X]Hello there, You’ve done a fantastic job.
    I will definitely digg it and in my view suggest to my friends.
    I am confident they’ll be benefited from this site.

    my homepage pubic hair removal

  8. I enjoy what you guys are usually up too. Such clever work and coverage!
    Keep up the fantastic works guys I’ve included you guys to my personal blogroll.

    Here is my blog post; Mabel

  9. I was wondering if you ever considered changing the structure of your blog?
    Its very well written; I love what youve got
    to say. But maybe you could a little more in the way of content so people
    could connect with it better. Youve got an awful lot of text for
    only having 1 or 2 images. Maybe you could space it out better?

    Check out my blog post … Keto Rapid Trim Pills

  10. I must thank you for the efforts you’ve put
    in penning this site. I’m hoping to view the same high-grade blog posts from you later on as well.
    In truth, your creative writing abilities has encouraged me to get my
    own site now 😉

    Also visit my web-site; my pillow pets

  11. Its like you read my mind! You appear to know a lot about this,
    like you wrote the book in it or something. I think that you
    can do with a few pics to drive the message home a little
    bit, but instead of that, this is wonderful blog. An excellent
    read. I’ll certainly be back.

    Feel free to visit my site: weight loss story

  12. Simply desire to say your article is as astounding. The clarity
    for your post is simply nice and i can suppose you
    are a professional in this subject. Well with your
    permission allow me to seize your feed to keep updated with drawing close post.
    Thanks 1,000,000 and please carry on the rewarding work.

    Also visit my blog; fast weight loss

  13. I don’t write a great deal of responses, however I read a few of the responses on A
    GLIMPSE INTO CONTEMPT OF COURT LAW & PRACTICE – United Forum for Legal Studies.
    I actually do have a couple of questions for you if it’s okay.

    Is it only me or do some of the comments look like
    they are written by brain dead visitors? 😛 And, if you are posting on additional sites,
    I’d like to follow everything new you have to post. Would
    you make a list of all of your public pages like
    your linkedin profile, Facebook page or twitter feed?

    my website – mens hair loss

  14. Can I simply say what a comfort to discover someone that genuinely knows what they are discussing on the
    net. You definitely understand how to bring an issue to light and make it
    important. More people really need to read this and understand this side of the story.
    I was surprised that you are not more popular since you most certainly
    possess the gift.

    my homepage: marketing mistakes (Clara)

  15. Hiya, I’m really glad I’ve found this information.
    Today bloggers publish only about gossips and net and this
    is actually irritating. A good site with exciting content,
    this is what I need. Thank you for keeping this web-site, I will be visiting
    it. Do you do newsletters? Can not find it.

    Feel free to surf to my webpage – permanent hair removal – docs.google.com

  16. Hello! I know this is kinda off topic however I’d figured I’d ask.

    Would you be interested in exchanging links or maybe guest writing a blog article or vice-versa?
    My website covers a lot of the same subjects
    as yours and I feel we could greatly benefit from each other.
    If you are interested feel free to send me an e-mail.
    I look forward to hearing from you! Terrific blog by the way!

    Review my web site fat burning program

  17. I wanted to follow along and let you know how much I valued
    discovering this blog today. I’d consider it an honor to do things
    at my business office and be able to operate on the
    tips provided on your blog smoking and teens also be a part of visitors’ responses like this.
    Should a position associated with guest article writer become available at your end, you should let me know.

  18. Hey I know this is off topic but I was wondering if you knew of any widgets I could add
    to my blog that automatically tweet my newest twitter updates.
    I’ve been looking for a plug-in like this for quite some time and was
    hoping maybe you would have some experience with something like this.
    Please let me know if you run into anything. I truly enjoy reading your blog and I look forward to your new
    updates.

    Feel free to visit my blog post … pure castile soap

  19. Great post. I was checking continuously this blog and I am impressed!

    Very helpful information particularly the ultimate phase 🙂
    I maintain such information much. I used to be seeking this certain information for a
    very lengthy time. Thank you and best of luck.

    Review my webpage … prettypeople.club

  20. A person necessarily help to make significantly
    articles I’d state. That is the very first time I frequented your website page and so far?

    I amazed with the analysis you made to make this particular post extraordinary.
    Excellent job!

  21. I keep listening to the news broadcast speak about getting free online grant applications so
    I have been looking around for the finest site to get one.
    Could you advise me please, where could i acquire some?

    Review my webpage: muscle mass

  22. I loved as much aas you’ll receive carried out
    riight here. The sketch is attractive, your authored suject matter stylish.
    nonetheless, you command get bought an shakiness ver
    that you wish be delivering the following. unwell unquestoonably come more formerly again since exactly the
    same nearly a lot often inside cas you shield
    this increase.

    Look at my site … Xổ số miền Bắc

  23. I enjoy you because of all your labor on this blog.

    My mum take interest in setting aside time for internet research and it’s simple to grasp why.
    All of us notice all regarding the dynamic ways you make priceless tips
    via your blog and as well invigorate response from others on this point and my
    daughter is without a doubt discovering a lot of things. Enjoy the rest of the year.
    Your carrying out a stunning job.[X-N-E-W-L-I-N-S-P-I-N-X]I’m extremely impressed along with your writing skills as neatly
    as with the format on your blog. Is this a paid subject matter or did
    you modify it your self? Either way stay up the nice quality writing, it’s uncommon to look a nice weblog like this one
    nowadays.

    Feel free to surf to my homepage cannabis seeds

  24. Hey I know this is off topic but I was wondering if you knew of any widgets I could add to my
    blog that automatically tweet my newest twitter updates.
    I’ve been looking for a plug-in like this for quite some time and was hoping maybe you would have some experience with something like this.
    Please let me know if you run into anything. I truly enjoy
    reading your blog and I look forward to your new updates.

    Visit my page – Cooper

  25. Howdy! I could have sworn I?ve been to this web site before but after browsing through some of the posts I realized it?s new to me.
    Anyhow, I?m certainly pleased I stumbled upon it and I?ll be book-marking it and checking back frequently!

    my blog post – muscle tone

  26. Hello! I understand this is sort of off-topic but I needed
    to ask. Does running a well-established website such as yours take a massive amount work?
    I’m completely new to blogging but I do write in my journal
    on a daily basis. I’d like to start a blog so I will be able to share
    my personal experience and thoughts online. Please let me know if you have any ideas or tips for brand new
    aspiring bloggers. Thankyou!

  27. I truly love your blog.. Very nice colors & theme. Did you create this web site yourself?
    Please reply back as I’m attempting to create my own personal website and would
    like to know where you got this from or what the theme
    is called. Many thanks!

    Feel free to surf to my homepage – Ultra Quick Keto

  28. I’m amazed, I have to admit. Seldom do I come across a blog that’s both equally educative and
    interesting, and let me tell you, you have hit the nail on the head.
    The issue is something which not enough people are speaking intelligently about.
    I am very happy I came across this during my hunt for
    something concerning this.

    my homepage :: zawsa.com

  29. I was more than happy to find this web site. I need to to thank you for your time for this particularly fantastic read!!

    I definitely appreciated every little bit of it and I have you book marked to see new information on your blog.

  30. I don’t know whether it’s just me or if perhaps everybody else
    experiencing issues with your site. It appears as though some of the written text on your posts are running off the screen. Can somebody else please comment and let me know
    if this is happening to them too? This might be a problem with my internet browser because I’ve had this happen before.
    Thank you

    my blog post – portable power unit

  31. Nice post. I used to be checking constantly this weblog and I’m impressed!
    Extremely helpful info specially the closing phase 🙂 I maintain such info a lot.
    I was seeking this particular info for a very long time.
    Thanks and best of luck.

    Feel free to visit my page … diets that work

  32. You’re so cool! I do not think I have read through something like this before.
    So good to discover another person with some unique thoughts on this subject matter.

    Really.. thank you for starting this up. This site is one thing that’s needed on the internet, someone with some originality!

    Stop by my blog post enhance male libido

  33. It is in point of fact a great and helpful piece of information. I am happy
    that you shared this useful information with us.
    Please keep us informed like this. Thanks for sharing.

  34. I was very happy to uncover this website. I need to to thank you for ones time for this particularly wonderful read!!
    I definitely appreciated every part of it and i also have you saved to fav to see new
    stuff on your web site.

  35. Thanks for some other excellent article. The place else may
    just anyone get that kind of information in such a perfect means of writing?

    I’ve a presentation subsequent week, and I’m on the search for such information.

    my site; Harry

  36. Can I simply just say what a relief to uncover someone who actually knows what they’re talking about online.
    You certainly realize how to bring an issue to light
    skin care and acne make it important.
    A lot more people should look at this and understand this side
    of the story. I was surprised that you’re not more popular because you surely have the gift.

  37. Hi, I do think this is a great web site. I stumbledupon it 😉 I am going to return yet again since i have book marked it.
    Money and freedom is the best way to change, may you be rich and continue to help other people.

  38. Hey just wanted to give you a quick heads up. The text in your post seem to be running off the screen in Ie. I’m not sure if this is a formatting issue or something to do with internet browser compatibility but I thought I’d post to let you know. The layout look great though! Hope you get the issue resolved soon. Many thanks

  39. Hello, Neat post. There is an issue along with your website in internet explorer, might test this?IE still is the market chief and a large component of folks will leave out your wonderful writing due to this problem.

  40. I’ve been browsing online more than 3 hours today, yet I never found any interesting article like yours. It抯 pretty worth enough for me. In my opinion, if all web owners and bloggers made good content as you did, the net will be much more useful than ever before.

  41. Greetings! I know this is somewhat off topic but
    I was wondering which blog platform are you
    using for this website? I’m getting sick and tired of WordPress because I’ve had issues with hackers and I’m looking at alternatives for another platform.
    I would be fantastic if you could point me in the direction of a
    good platform.

  42. Hi there very cool blog!! Guy .. Excellent ..
    Superb .. I will bookmark your site and take the feeds also?

    I’m satisfied to find a lot of useful information right here
    in the post, we want develop more techniques on this regard,
    thanks for sharing. . . . . .

  43. I do not even know how I ended up here, but I thought this post was great. I don’t know who you are but certainly you are going to a famous blogger if you aren’t already 😉 Cheers!

  44. I like what you guys are up also. Such smart work and reporting! Keep up the excellent works guys I抳e incorporated you guys to my blogroll. I think it’ll improve the value of my website 🙂

  45. We’re a group of volunteers and starting a brand new scheme in our community. Your web site offered us with valuable info to work on. You have performed a formidable process and our entire community will probably be thankful to you.

  46. Very nice post. I simply stumbled upon your weblog and wished to mention that I have truly loved browsing your blog posts. In any case I抣l be subscribing on your rss feed and I hope you write once more very soon!

  47. Simply desire to say your article is as amazing. The clearness in your post is just cool and i can assume you are an expert on this subject. Fine with your permission allow me to grab your RSS feed to keep up to date with forthcoming post. Thanks a million and please carry on the gratifying work.

  48. Thanks for your article. I would also like to opinion that the very first thing you will need to complete is find out if you really need credit score improvement. To do that you will have to get your hands on a copy of your credit rating. That should not be difficult, since the government makes it necessary that you are allowed to be issued one no cost copy of your actual credit report on a yearly basis. You just have to request the right persons. You can either check out the website for your Federal Trade Commission and also contact one of the leading credit agencies right away.

  49. It’s a pity you don’t have a donate button! I’d certainly donate to this excellent blog! I suppose for now i’ll settle for bookmarking and adding your RSS feed to my Google account. I look forward to fresh updates and will talk about this blog with my Facebook group. Chat soon!

  50. I think other website proprietors should take this website as an model, very clean and wonderful user friendly style and design, let alone the content. You’re an expert in this topic!

  51. Thanks for the new stuff you have disclosed in your short article. One thing I’d really like to discuss is that FSBO interactions are built eventually. By releasing yourself to the owners the first weekend their FSBO is definitely announced, ahead of masses commence calling on Friday, you produce a good link. By sending them resources, educational supplies, free records, and forms, you become the ally. By using a personal fascination with them as well as their predicament, you generate a solid link that, most of the time, pays off in the event the owners opt with an agent they know and also trust — preferably you actually.

  52. I am curious to find out what blog system you are working with? I’m experiencing some small security issues with my latest site and I would like to find something more safeguarded. Do you have any suggestions?

  53. Eѵery weekend i used tо pay a visit tһis
    web site, for the reаson that i wish for enjoyment, since this this website conations in fact gooԀ funny information too.

  54. Youre so cool! I dont suppose Ive learn anything like this before. So good to search out somebody with some authentic thoughts on this subject. realy thank you for beginning this up. this website is something that’s needed on the net, somebody with a little originality. useful job for bringing something new to the internet!

  55. Thanks for your write-up. Another point is that to be a photographer entails not only problems in capturing award-winning photographs and also hardships in establishing the best camera suited to your needs and most especially hardships in maintaining the standard of your camera. That is very correct and evident for those photography lovers that are straight into capturing this nature’s eye-catching scenes : the mountains, the particular forests, the wild or maybe the seas. Going to these amazing places undoubtedly requires a dslr camera that can live up to the wild’s harsh areas.

  56. Thanks for the new stuff you have uncovered in your blog post. One thing I would really like to touch upon is that FSBO interactions are built after a while. By releasing yourself to the owners the first saturday and sunday their FSBO is announced, prior to masses start off calling on Monday, you make a good association. By mailing them equipment, educational products, free reviews, and forms, you become a strong ally. By using a personal fascination with them in addition to their predicament, you develop a solid relationship that, on many occasions, pays off if the owners opt with a broker they know along with trust — preferably you actually.

  57. Howdy! Someone in my Facebook group shared this site with us so I came to check it out. I’m definitely loving the information. I’m bookmarking and will be tweeting this to my followers! Outstanding blog and terrific style and design.

  58. Fantastic site you have here but I was curious if you knew of any message boards that cover the same topics talked about here? I’d really like to be a part of group where I can get feedback from other knowledgeable people that share the same interest. If you have any recommendations, please let me know. Thanks!

  59. I have noticed that of all types of insurance, medical health insurance is the most debatable because of the issue between the insurance policies company’s duty to remain afloat and the customer’s need to have insurance coverage. Insurance companies’ commissions on health and fitness plans are low, so some organizations struggle to generate income. Thanks for the strategies you reveal through your blog.

  60. With havin so much written content do you ever run into any issues of plagorism or copyright infringement? My site has a lot of completely unique content I’ve either authored myself or outsourced but it seems a lot of it is popping it up all over the internet without my permission. Do you know any methods to help protect against content from being ripped off? I’d truly appreciate it.

  61. I have observed that in the world the present day, video games are the latest trend with children of all ages. There are times when it may be not possible to drag your children away from the video games. If you want the best of both worlds, there are many educational video games for kids. Great post.

  62. I was suggested this blog by my cousin. I am not sure whether this post is written by him as nobody else know such detailed about my trouble. You are amazing! Thanks!

  63. I have noticed that credit repair activity has to be conducted with techniques. If not, you might find yourself endangering your positioning. In order to succeed in fixing to your credit rating you have to make sure that from this minute you pay your monthly expenses promptly before their slated date. Really it is significant since by never accomplishing that area, all other methods that you will decide to use to improve your credit standing will not be useful. Thanks for revealing your suggestions.

  64. You really make it appear so easy along with your presentation however I to find
    this matter to be actually one thing that I feel I would never understand.
    It seems too complex and extremely large for me.
    I’m looking ahead for your subsequent post, I’ll
    try to get the dangle of it!

Leave a Reply

Your email address will not be published.

Do NOT follow this link or you will be banned from the site!