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Courts Cannot be Intimidated

Raj Kumar Makkad ,
  06 March 2010       Share Bookmark

Court :
Allahabad High Court
Brief :
Contempt of Court - Contemnor Advocate interfering in judicial process and scandalizing Judicial Officer - Reference by lower court to High Court - Exercise of Jurisdiction by High Court - Section 2(c) of the contempt of Court Act, 1971 and Article 235 of the Constitution of India
Citation :
Jasvir Singh Pawar, Advocate (Decided on 05.02.2010) MANU/UP/0052/2010
Held, a Judge or Magistrate has a duty to discharge his/her judicial functions and he/she passes order in the manner as he/she likes fit to the best of his/her capability in the facts and circumstances of the case. The courts cannot be intimidated to seek favourable orders. In the present case, the conduct of the contemnor amounts to intimidating the court and lowering the authority and it clearly amounts to interference with due course of judicial proceedings which were being conducted by the Presiding officer. The power of the High Court of superintendence and control over the subordinate judiciary under Article 235 of the Constitution includes within its ambit the duty protect members of the subordinate courts. In the above conspectus, the charge related to criminal contempt framed against the contemnor is fully established. The reference made to this Court is allowed and the contemnor is held guilty of criminal contempt.

 
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Published in Criminal Law
Views : 1150




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