WHAT CONSTITUTES CONTEMPT OF COURT
(An analysis of SC Judgment in case of RK Jain)
By,
M.RAM KUMAR B.Sc., B.L. (M.B.A)
Inspector, Service Tax
Hats Off to SUPREME COURT. There can not be more appropriate time for Honourable
Supreme Court than a near date August 15, 2010.- Independence
Day. 63 Years ago it was on this day Indias freedom was granted
the tyrannical British. But August 13, 2010 our Honble Supreme Court reinforced
the need for respecting Article 19 (1)(a) of the Constitution of India, the right
to freedom of expression. Yes. In its 45 page Judgment- a scathing indictment of
the Petitioner who filed the Contempt Petition- The
SC not only dismisses the petition but awarded cost of Rs. 0ne Lakh
to the Respondent Sh. R.K.Jain, Editor, Excise Law Times and another One
Lakh to be deposited to the Supreme Court Legal Services Committee(Para 25)
A humble attempt is made in this Article as how the Supreme Court treats
Contempt cases and it is an eye opener
for all those who try to petrify the
judiciary itself by resorting to filing Contempt petition there by abusing the process
of Law. This Article should not be misconstrued as an attempt to please the Respondent
Editor or put to disgrace the petitioner or any one involved in the narration of
the Judgment. The Supreme Court has now postulated the following as to what amounts
to Contempt and what not. Here are some points:
1.
A bonafide criticism of functioning of an Institution like
CESTAT does not amount to contempt.
2.
Criticism of judges sometimes interferes with the administration
of justice only when the yardstick for determination proves that there is malafide
design by the contemnor
3.
It has been well said that if judges decay the contempt power
will not save them and so the other side of the coin is that judges, like Caesars
wife, must be above suspicion as told by ever great Jurist Shri.Krishna Iyer. Therefore
if the contemnor proves the facts then Court will not interfere.
4.
Justice is not a cloistered virtue: she must be allowed to
suffer the scrutiny and respectful, even through outspoken comments of ordinary
men- quoted in the SC Judgment.
5.
Another
quote A pleading
is said to be scandalous if it alleges anything unbecoming the dignity of the court
to hear or is contrary to good manners or which charges a crime immaterial to the
issue. But the statement of a scandalous fact that material to the issue is not
a scandalous pleading.
6.
However the Apex Court
has also quoted Dr. A.S.Anand, then C.J. - UNDER the cover of freedom of expression
no party can be given a licence to misrepresent the proceedings and orders of the
Court and deliberately paint an absolutely wrong and in complete picture which has
the tendency to scandalize the court and bring to disrepute or ridicule- The implied
meaning is a person who is writing a true story in his own journal (HERE ELT) can
not be proceeded under Contempt.
7.
The Supreme Court
went on threadbare in all the reported cases of judicial irregularities attributed
to various CESTAT benches and came to the conclusion that there is nothing wrong
in the said Editorials as CESTAT President himself constituted an Inquiry Committee
on the allegation which fact was not brought to notice
of the Solicitor General or Advocate General before filing Contempt petition.
8.
The Honble S.C further
examined substituted Section 13 and held that expression of opinion on truth alone
is a valid defence when it is in public interest and such writings will only help
to make corrective actions by the concerned.
9.
The Supreme Court
has finally found that there is no reason to silence such person by invoking Articles
129 or 215 of the Constitution or the provisions of the Act
10.
Each person who resorts
to contempt should select the right side of the Law other wise Court will not allow
such frivolous petitions.
Let every one in Judiciary, Lawyers, Departmental men working
in Legal Sections and others take note of this important judgment and try to understand
what is Contempt
(The views are personal written on academic interest no malice
is meant anyone)
CAclubindia
