contempt proceedings
Querist :
Anonymous
(Querist) 11 February 2010
This query is : Resolved
Whether raising slogans outside the court room, can be termed as contempt of court, in the following factual backgrounds:-
1. while making a reference to the High Court, subordinate court did not disclose the actual slogans and withheld the same for the sake of decency?
2. the court proceedings were never hampered on those days, which is essence for invoking the contempt jurisdiction, as the contemnors have all the documentary evidence in this regard, in the form of orders of the subordinate courts, against which alleged slogans were raised?
3. while keeping in view the concept of truth as a valid defense in the contempt proceedings what the contemnors did was perfectly within the meaning of article 14 of the constitution as they claimed equal treatment of law for themselves as well as the judges of the subordinate courts when they are acting in an illegal way and that too not under the colour of their offices?
4. whether raising slogans against a judge without hampering the court proceedings do not come within the purview of article 19 (1) (a) of the constitution, i.e freedom of speech and expression?
Parveen Kr. Aggarwal
(Expert) 11 February 2010
'Criminal Contempt' has been defined in clause (c) of section 2 of the Contempt of
Courts Act, 1971 in the following manner:
"Criminal contempt" means the publication whether by words, spoken or written, or by signs, or by visible representation, or otherwise of any matter or the doing of any other act whatsoever which-
(i) Scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court, or
(ii) Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding, or
(iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.
In the given facts, raising of slogans would amount to contempt of court.
B K Raghavendra Rao
(Expert) 11 February 2010
You have unilaterally said that the court proceedings were never hampered on the day when the slogans were shouted outside the court hall.
The court is the best judge to say whether the work was hampered or not. Definitely the authority of the court is lowered, disrespect shown to its proceedings and it cannot be believed that the work was not hampered in any way.
This amounts to contempt of courts.
Querist :
Anonymous
(Querist) 12 February 2010
No doubt Mr. Rao, the court is best judge to say as to if the court proceedings were hampered or not. Apart from that it is not unilateral thinking of mine, as the various orders passed by the court during those days in the cases which were listed for hearing, are itself evidence in this regard that none of the case was adjourned due to these raising of slogans. Apart from that the slogans were raised outside the court and that too after ensuring that no work of the court is obstructed. I want to know whether raising of slogans alone amounts to contempt of court, especially when the prime object was to reveal the malafide acts of judges and not with an intention to undermine the dignity of court in any manner. Though it was done to make the deaf listen. Please guide me.
B K Raghavendra Rao
(Expert) 12 February 2010
Appropriate platform is to be made use of airing your grievance in revealing alleged malafide acts of judges. If a judge commits a malafide act during the discharge of his legitimate duty your slogan shouting is a contempt of court.
Parveen Kr. Aggarwal
(Expert) 13 February 2010
Mr. Anonymous
The actual interference is not necessary and if it tends to interfere with the due course of any judicial proceeding or administration of justice or to scandalise etc., it would amount to contempt of court.
The passing of various orders by the Court on that particular day without adjourning a case on the ground, is not the sole criteria to decide the matter.
The raising of slogans may amount to contempt of court if fulfills the requirements of the provision.
There are many ways to make the deaf listen. You may make written complaint about the mala fide acts of the Judge.
Querist :
Anonymous
(Querist) 13 February 2010
Thanx to all of you
