Chief Justice Emphasizes the Purpose of Contempt of Court as Safeguarding Justice, Not Shielding Judges

Context:

• Chief Justice of India (CJI) D Y Chandrachud stated that the power to punish for contempt of court is not meant to protect judges from criticism but to prevent interference in the dispensation of justice.

More on News: He emphasized that the reputation of judges and courts should be based on their work and decisions. 

Contempt of Court in India: Protecting Judicial Authority and Freedom of Speech Restrictions

• Constitutional Objective: Contempt of court, is a concept that seeks to protect judicial institutions from motivated attacks and unwarranted criticism, and as a legal mechanism to punish those who lower its authority.
• Reasonable Restriction: When the Constitution was adopted, contempt of court was made one of the restrictions on freedom of speech and expression (Article 19 A).
• Constitutional Power: Articles 129 and 215 of the Constitution empower the Supreme Court and high courts to punish for contempt respectively. 
• The procedure to operationalize it was enacted in the Contempt of Courts Act, of 1971.

Understanding Contempt of Court: Distinctions Between Civil and Criminal Contempt in India 

• Civil Contempt and Criminal Contempt. Section 2 B: Civil contempt means willful disobedience to any judgment, decree, direction, order, writ, or other process of a Court, or willful breach of an undertaking given to a Court.
• Section 2 C says that 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
  • Scandalizes or tends to scandalize, or lowers or tends to lower or tends to lower the authority of, any court, or
  • Prejudices, or interferes or tend to interfere with, the due course of any judicial proceeding: or
  • Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.
• The punishment for contempt of court is simple imprisonment for a term up to six months and/or a fine of up to ₹. 2,000.
• Contempt Procedure: The Contempt of Courts Act, 1971, lays down the law on contempt of court. 
  • Section 15 of the legislation describes the procedure on how a case for contempt of court can be initiated.
  • Contempt proceedings can be initiated either by filing an application or by the court itself suo moto. 
  • In both the cases, contempt proceedings must be initiated within one year from the date on which contempt is alleged to have been committed.
  • In the case of the Supreme Court, the Attorney General or the Solicitor General, and in the case of High Courts, the Advocate General, may bring in a motion before the court for initiating a case of criminal contempt.
  • However, if the motion is brought by any other person, the consent in writing of the Attorney General or the Advocate General is required.
  • The motion or reference made for initiating the case will have to specify the contempt of which the person charged is alleged to be guilty.

What is not contempt of court?

• Fair and accurate reporting and fair criticism: Fair reporting of judicial proceedings will not amount to contempt of court. Nor is any fair criticism on the merits of a judicial order after a case is heard and disposed of.
• Truth as a valid defense: The Act was amended in 2006 to introduce truth as a valid defense if it was in the public interest and was invoked in a bona fide manner.

Source: The Economic Times