What is contempt of court explain with examples ?

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What is contempt of court explain with examples?

What is contempt of court explain with examples?


The first aspect we want to realize is that justice must now no longer simplest be executed however additionally visible to be executed. Contempt is described below Section 2(a) of the Contempt of the Court Act, 1971. The Constitution of India additionally establishes the idea of contempt, articles such as: 

Article 19(1)(a) of the Indian Constitution offers all residents the proper freedom of speech and expression. While Article 19(2) of the Constitution lists contempt of courtroom docket as a cause to impose affordable regulations on freedom of speech. Therefore, Articles 129 and 215 offer contempt of courtroom docket for better judges, and this boundary the liberty granted through Article 19(1)(a). 

Article 129 in The Constitution of India: Supreme Court to be a courtroom docket of document: The Supreme Court will be a courtroom docket of the document and shall have all of the jurisdiction of this sort of courtroom docket and the electricity to punish for its contempt. 

Article 142 (2) offers 3 distinct powers to the Supreme Court. They are: 

The first powers are withinside the ambit of the regulation of evidence i.e., the procedural regulation. The 1/3 thing whilst examine in Article 129 indicates that it additionally offers with the process. Our Constitution has articles managing contempt electricity withinside the Supreme Court, Articles 129 and 142(2) respectively. Article 129 states that the Supreme Court could be the courtroom docket of the document and could have all of the powers of this sort of courtroom docket together with the electricity to punish for its contempt examine with Article 142(2) which offers with the research and punishment of the contempt of the Supreme Court. 

Article 215 in The Constitution of India: High Courts to be courts of document: Each High Court shall have a document courtroom docket and shall have all of the powers of that courtroom docket in addition to the electricity to punish for its contempt. 

The acquisition of this electricity withinside the Supreme Court for contempt below Article 129 and the High Court below Article 215 isn't always prohibited, restricted, or denuded through the Contempt of Courts Act, 1971. It became argued that Parliament ought to nevertheless set the process for courtroom docket contempt and could observe to reach the Supreme Court and the High Court's held withinside the case of the Supreme Court Bar Association. 

The High Courts and the Supreme Court are ‘document courts’ due to Articles 129 and 215 of the Constitution of India. This method that they have the intrinsic electricity to punish with contempt. As a result, the provisions of the Contempt of Courts Act can't limitation the electricity of those courts to punish for contempt, as this electricity is derived from the Constitution itself. The Contempt of Courts Act, 1971 empowers Judges to punish for crook contempt withinside the occasion of scandalizing the courtroom docket, adverse acts, and violations of the regulation. 

The electricity of punishment for contempt is given exactly through Parliament’s recommendation which could legislate and by skipping legal guidelines on the way it must be investigated and punished. In the Supreme Court Bar Association Case, it became held that the Parliament ought to nevertheless set up methods for contempt of courtroom docket to be carried out withinside the Supreme Court and the High Courts. 


Types of Contempt of Court  


  • Civil Contempt Its method willful disobedience to any decision, decree, direction, order, or some other willful violation and some other courtroom docket process of duty assigned to a courtroom docket. 

  • Criminal Contempt Publication whether or not through words, spoken or written or through symptoms and symptoms or through illustration or in any other case of any be counted or doing the act in any respect which scandalizes or has a tendency to offend or decrease or intends to lessen the authority of any courtroom docket or prejudices or interferes or has a tendency to interfere, the due direction of any judicial intending or hinder the management of justice in some other manner. 

In India, there are extra civil contempt instances filed than crook contempt instances. 

The Indian High Court case has to be taken into consideration withinside the case of Veeraswamy. In this case, a criticism became filed below the Prevention of Corruption Act in opposition to a former Chief Justice of the Supreme Court, alleging that the Judge had a property that did now no longer shape his salary. The Supreme Court, in a landmark judgment, dominated that no crook case might be registered in opposition to a decide of the Supreme Court or the Supreme Court, without consulting the Chief Justice of India. Therefore, judges are much less probable to be blanketed from the deterrent outcomes of crook prosecution and contempt. This makes it very essential for the media to have the proper to criticize the judiciary. 

Scandalizing the courtroom docket method any violent complaint of a decision in his or her ability as a decide. This consists of scandalizing judges and defamation of the judiciary as an entire, tough the decade's integrity, his non-public honesty, or defaming the decide in public. The gist of this offense is that the assault has to be to the judges or to the judiciary as an entire or to consult positive instances, which creates defamatory honesty and undermines the individual and cap potential of the decide. 




 

Example of Contempt of Court in India


  • Chandan Mitra Case, 1995In the case of Chandan Mitra (1995), the Editor of the Hindustan Times had posted a piece of writing of their newspaper declaring that judges withinside the Indian Supreme Court wished mental counseling for enforcing regulations on Punjab police officers. The Editor became charged with contempt.

  • Kannur MLA Case, 2011In this case, Kannur MLA criticized the judges of the Kerala High Court for blockading avenue conferences in 2011 and the Kannur MP essentially said “stupid” to the judges of the Kerala High Court in Malayali and became charged with contempt of courtroom docket.

  • Justice CS Karnan, 2017In Re Hon’ble Justice C S Karnan, 2017, the Supreme Court of India has summoned a sitting choose in a case related to contempt proceedings. The choose who became on the middle of the difficulty became Justice C S Karnan who has been summoned via way of means of the Supreme Court. According to Justice Karnan, the Supreme Court does now no longer have a locus standi to trouble suo motu contempt note towards Justice Karnan that's violative of Natural Principles of Directive Principles of State Policy. And also, Article 14, Article 21, and Article 19(1)(g) of the Constitution of India duly allow all Citizens. In the end, the Apex Court got here to the realization that each one the allegations furnished via way of means of Justice Karnan are fake and the Court held Justice Karnan for contempt.
  • Justice Kurian Joseph Press Conference, 2018In 2018, Justice Kurian Joseph addressed an remarkable press convention declaring that the Chief Justice of India, Justice Deepak Mishra became subordinate to a person outdoor the prison profession. The Times of India requested for this announcement via way of means of Justice Kurian Joseph asking if he ought to make such statements towards the Chief Justice of India? A PIL has been filed towards Judge Joseph because the credibility of the group is at stake. Later, Justice Ranjan Gogoi denied PIL, saying “the credibility of the group may be maintained via way of means of folks who paintings on the middle of it.” Unfortunately, the fashion in Indian contempt cases appears to be getting an increasing number of intolerant. Thus, aleven though the energy of contempt is broad, the Indian judiciary is entreated to do not forget that it should be exercised cautiously, with discretion, and with circumspection.

  • Vijay Kurle Case, 2019In this case, the Supreme Court has taken suo motu movement towards attorneys who've made scandalous allegations towards judges and attempted to shame the whole group of the Supreme Court and that they have been held responsible for the contempt.

  • Prashant Bhushan Case, 2020The Supreme Court has initiated prices of contempt on Advocate Prashant Bhushan and Twitter India, primarily based totally on tweets written via way of means of Advocate Prashant Bushan on social media. The Supreme Court held that Advocate Prashant Bhushan became responsible of contempt of courtroom docket and fined Advocate Prashant Bhushan INR 1.

 

Location: 3, Esplanade Row W, B.B.D. Bagh, Kolkata, West Bengal 700001, India

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