CONTEMPT OF COURT- Court has held that an apology cannot be a defence, a justification can be accepted if it can be ignored without compromising the dignity of the Court
he first rule in this branch of contempt power is a wise economy of use by the Court of this branch of its jurisdiction. The Court will act with seriousness and severity where justice is jeopardized by a gross and/or unfounded attack on the judges, where the attack is calculated to obstruct or destroy the judicial process.
Court of Record has been defined as: “A Court whereof the acts and judicial proceedings are enrolled for a perpetual memory and testimony, and which has power to fine and imprison for contempt of its authority.” After the Constitution of India…
Contempt of Courts Act, 1971—Section 2(b)—Civil contempt—Disobedience of order—Directions for production of a person in writ of Habeas corpus—Failure to comply with directions—Exemplary cost of Rupees 1 Lac each awarded in favour of wives of missing persons.
The Supreme Court on Monday imposed a fine of Re 1 on activist-lawyer Prashant Bhushan for criminal contempt of court for his tweets against the Apex court and Chief Justice of India (CJI). The Supreme court Said said that if Bhushan fails to deposit the amount by September 15, he will have to undergo simple imprisonment for three months and will be barred from practising for three years.
Bathina Ramakrishna Reddy Versus State of Madras- When the act of defaming a Judge is calculated to obstruct or interfere with the due course of justice or proper administration of law, it would certainly amount to contempt. The offence of contempt is really a wrong done to the public by weakening the authority and influence of Courts of law which exist for their good.
The scurrilous/malicious attacks by the alleged contemnor No.1 are not only against one or two judges but the entire Supreme Court in its functioning of the last six years. Such an attack which tends to create disaffection and disrespect for the authority of this Court cannot be ignored. Recently, the Supreme Court in the cases of National Lawyers Campaign for Judical Transparency and Reforms and others vs. Union of India and others15 and Re: Vijay Kurle & Ors (supra) has suo motu taken action against Advocates who had made scandalous allegations against the individual judge/judges. Here the alleged contemnor has attempted to scandalise the entire institution of the Supreme Court.