oppn parties Contempt Law: Need To Precisely Define The Term 'Scandalizing The Courts'

News Snippets

  • NCLT initiates bankruptcy proceedings against former Videocon chairman Venugopal Dhoot for defaulting on loans of Rs 6158cr as personal guarantor in two group companies
  • LIC approves 1:1 bonus share issue
  • Gold and silver futures also go down by 0.7% and 2.2% respectively
  • Stocks tumbled again on Monday as crude prices rose: Sensex went down by 703 points and Nifty by 207 points
  • Supreme Court refuses to cancel the land-for-jobs FIR against Lalu Prasad
  • The spectre of El Nino haunts India: IMD predicts 'below normal ' monsoon this year
  • Labour protest over increase in wages by 35% (as per Haryana example) turns violent in Noida, nearly 200 were detained by the police
  • Congress leader Sonia Gandhi said that the delimitation exercise must be carried out after the Census is complete
  • PM Modi says Parliament is on the verge of creating history as the Houses get ready to take up the women's reservation bills
  • Tata Sons chairman N Chandrasekaran said that TCS COO Aarthi Subramanian is conducting a thorough inquiry to establish facts and identify individuals involved in the sexual harassment allegations at the company's Nashik office
  • Asha Bhonsle laid to rest with full state honours on Monday in Mumbai
  • AAP leader Arvind Kejriwal once again approached the Delhi HC to request the recusal of a judge from his case
  • Candidates Chess: R Vaishali on the verge of creating history, but needs two wins - one with black pieces - against formidable opponents to emerge as the challenger
  • Rohit Sharma, who retired hurt in the match versus RCB, underwent scans for possible hamstring injury
  • IPL: Abhishek Sharma fails for SRH but Ishan Kishan (91) shines. Then, Vaibhav Sooryavanshi fails for RR and SRH bolwers, especially unheralded Praful Hinge (4 for 24) and Sakib Hussain (4 for 24) win it for SRH. This was the first loss for table-toppers RR
Supreme Court questions Election Commission about SIR SOP and why logical discrepancy was introduced only in Bengal
oppn parties
Contempt Law: Need To Precisely Define The Term 'Scandalizing The Courts'

By Sunil Garodia
First publised on 2020-08-17 08:04:49

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Supreme Court is the final arbiter of all things legal in India. Therefore, it has a huge responsibility in upholding the dignity and sanctity of the judicial process, without which enforcement of the law will not be possible to the fullest extent. But in doing so, the court has to be far more liberal and flexible than it has been, particularly in interpreting the provisions of contempt of court. In the order holding Prashant Bhushan guilty of contempt, the court has not considered the right to freedom of expression but has chosen to treat the tweets of the alleged offender as "malicious" and "scandalous" in nature.

The dignity and sanctity of the court, as well as the judicial process, is harmed if, and only if, malicious motives are attributed to orders passed by the honourable courts or individual judges are targeted for having passed any orders likewise. Unfound allegations of serious nature (including but not limited to deceit, corruption, ulterior motives and bias) against the court or individual judges should definitely count as a malicious attempt to lower the dignity of the court or the judges and obstruct the judicial process.

But the court has to be magnanimous in treating criticism and even if it takes cognizance of some such remarks, must be liberal enough to point out the reason for its attention and let off the offender with a warning. The nation will then know where the offender erred and why the court thought it fit to pull her or him up. Repeated and unwarranted attacks by the same offender will obviously invite punishment as per the provisions of the law.

Also, the time has come to clearly define what constitutes contempt, especially what is precisely meant by "scandalizing the courts". Although the Law Commission, in its report in 2018, suggested that the case against doing away with criminal contempt in India was weak and advised against it, there are several grey areas in the law that are in conflict with the constitutional right to freedom of speech and expression. These need to be addressed properly if criminal contempt stays on the statute books.