Prefix Constitution of India, Contempt of Court, law and justice research foundation, ljrfvoice.com
The author of this article is SOWRABHYA C. SHAJU, who is currently pursuing LL.B ( 5th SEMESTER 3 YEAR LL.B) at GOVT. LAW COLLEGE, THRISSUR.
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1. INTRODUCTION 2. A PROLOGUE TO THE CAUSE 3. WHAT CONSTITUTE TO CONTEMPT 4. ARTICLE 142 (2) AND 129 5. CONCLUSION 6. END NOTE 7. REFERENCES |
INTRODUCTION
Can a legislative enactment could take away or abridge the power of Supreme Court to punish for contempt of court? “The power to punish for contempt is a constitutional power vested in this court which cannot be abridged or taken away even by a legislative enactment”, stated by the Honourable supreme court bench of justices Sanjay Kishan Kaul and MM Sundresh while they drew the distinction between article 142 and 129 of Indian constitution on 29th September 2021. The statement pronounced by the bench on Rajiv Dahiyas’ contempt case.
A PROLOGUE TO THE CAUSE
Rajiv Dahiya, Managing Director of Rajasthan based Non-Governmental organisation ‘Suraz India Trust’. He was found guilty of contempt of court for not obeying the order of earlier judgement. The order imposed by the CJI Jagadish Singh Khehar and Justice D.Y Chandrachud and Sanjay Kishan Kaul to pay a penalty of rupees 25 lakh for wasting the judicial time of the apex court by filing 64 frivolous petitions both in supreme court and high court.
WHAT CONSTITUTE TO CONTEMPT
Contempt of court are of two kinds i.e., Civil Contempt and Criminal Contempt. As per sec2 (b) of Contempt of Courts Act 1971 Civil contempt is the wilful disobedience to any judgement, decree or writ or order or any wilful breach of an undertaking given to a court. Whereas sec 2 (c) defines criminal contempt as it scandalises the authority of any court or interfere with the court proceedings or obstruct the administration of justice by publications including speaking by words written or by signs or by visible representation. The punishment includes six months imprisonment or two thousand rupees fine or both.
Simply saying, any act done which intends to lower the dignity of the justice system or authority amounts to gross contempt. Recently we witnessed heated arguments and debates regarding contempt. The most controversial cases like in Re: Prashant Bhushan and another1 (2020), he was charged contempt for his controversial tweet against supreme court were court held him guilty and imposed a fine of Rs.1 and in case of failure he would be punished with 3 months imprisonment and be debarred from practicing law for 3 years.
Another controversial case , In Re: Honourable Justice Shri C.S.Karnan2 (2017) the archaic allegation made by him in front of the media and public at large that disgrace the image of court and belief of people in the justice system. The court held him in contempt of court and sentenced him to six months of imprisonment. There are huge amounts of contempt cases in India. Every citizen of India is bound to respect the dignity of Courts and judiciary, if they deliberately do an act which disgrace the courts image that amounts to contempt.
ARTICLE 142 (2) AND 129
Article 142 (2) and 129 of Indian Constitution empowers Supreme Court to punish for Contempt of Court. Art. 142 (2) allows the Supreme Court to provide punishment for contempt subject to any other law and Article 129 says Supreme Court to be a court of Record and empowers the same power to punish for contempt of court.
CONCLUSION
The constitutional supremacy that is explicitly reinterred in the Minerva mills v. Union Of India3 whereby the Supreme Court held that “Government, Legislature, Executive and Judiciary is all bound by the Constitution and nobody is above or beyond the constitution”. The Constitution itself laid down what constitutes contempt and what not. One the one side it safeguards citizen’s right to freedom of speech and expression and on the other hand safeguards the dignity of constitutional pillars.
END NOTE
1. SUO MOTU CONTEMPT PETITION (Crl.) NO.1 OF 2020
2. SUO MOTU CONTEMPT PETITION (CIVIL) NO.1 OF2017
3. 1981 SCR (1) 206
REFERENCES
• No law can take away court’s power to punish for contempt: Supreme Court – The Indian Express
• Judicial Supremacy v. Parliamentary supremacy in India – Lloyd Law College
