Contempt of Courts

1. Interference in the administration of justice or with due course of any judicial proceeding amounts to “criminal contempt” under Sec. 2 (c) of the Contempt of Courts Act.

2. The common man in India who has high regards for the judiciary and believe that it has sky high powers, has doubts in his mind if the judiciary has two different scales for applying the provisions of Contempt of Courts Act i.e. the common man on one hand and the Politicians, Government Officials and Judicial Officers on the other hand.

3. I am very sad to point out herein that the activities of some of the judicial officers are such that they are liable to be prosecuted for the contempt of their own Courts.

4. I just avoid sharing hereby my bitter experiences with the subordinate judiciary because if the people came to know thereabout, they would not repose trust in the Indian judiciary.

5. Judicial Officers of the subordinate judiciary should keep in mind that it is not feasible for each and every citizen in India to approach the Courts of superior judiciary to secure justice against infringement of fundamental rights guaranteed by part III in general and under Art-21 of the Constitution of India in particular. Negligent and indifferent attitudes of some of the judicial officers of subordinate judiciary have shaken the public confidence even in the higher judiciary.

PRECEDENTS:

(i) Respect to Judiciary : “Judiciary is respected not on account of its power to legalise injustice on technical grounds, but because it is capable of removing injustice and is expected to do so.” A.I.R. 1987 SC 1353.

(ii) Purpose of Courts : “The Courts are made for the public at large and for the redressal of their disputes. It is also expected that the justice delivery system should be easily accessible to the citizens and justice should be delivered at the lowest possible cost. Therefore, the easy access, cheaper justice system and speedy decision are the best factors of any judicial system from the view point of the citizen” 2009 (4) Mh. L.J. 242.

(iii) Dishonest Judge : “A single dishonest judge not only dishonors himself and disgraces his office but jeopardizes the integrity of the entire judicial system” (Supreme Court of India).

(iv) Protection of Civil liberties : “Being the protectors of civil liberties of the citizens, the Supreme Court and the High Courts have not only had the power and jurisdiction but also an obligation to protect the fundamental rights guaranteed by part III in general and under Article 21 of the constitution in particular, Zealously and Vigilantly”. (Supreme Court of India).

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