Contempt of Courts Act,1971Act No : 70
|
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
In the case of issuance of mere notice of contempt, the right of hearing cannot be denied. Refusing a right of hearing to a party against whom merely a notice for contempt has been issued is fraught with grave injstice.—Arun Tendan v. Insurance Co. Ltd. 1983 Cr LJ 459
In a democracy fair criticism of the working of all the organs of State should be welcome and would in fact promote the interests of democratic functioning. Sec. 5 of the Act evidently enacted with a view to secure the right of fair criticism provides that a person shall not be guilty of contempt of court for publishing any fair comment on the merits of the case which has been heard and finally decided. This does not mean that the right to commit for any contempt by scandalizing the court has become obsolete. The question would still be whether the publication alleged to be offending is by way of fair comment on the merits of the case.—Vincent Panikulangara v. Gopal Kurup 1982 CrLJ 2004
Judges and courts are not unduly sensitive or touchy to fair and reasonable criticism of their judgments fair comments even if outspoken but made without maturity or attempting to impair the administration of justice and made in good faith in proper language do not attract any punishment for contempt of court.—In re Roshan Lal Ahuja 1993 Supp 4 SCC 446
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
