CONTEMPT OF COURT IN INDIA

Priyanka Oberai

Democracy follows the principle that the people are supreme and they are the decision makers. It
follows that all authorities whether judges, legislators, ministers, bureaucrats are servant of
people. By keeping this fact of sovereignty in mind it becomes evident that the people of India
are the masters and all the authorities including the courts are their servants and being a master
people have the right to assess their servant if they does not act properly.
Article 19(1)(a) of the constitution gives the right of freedom of speech & expressions to all
citizens, but on the other hand articles 129 & 215 give the power of contempt of court to the
higher judiciary and this power limits the freedom granted by article 19(1) (a).
Contempt of court is any behavior or wrongdoing that conflicts with or challenges the
authority, integrity, and superiority of the court. These acts might include failure to comply with
requests, witness tampering, withholding evidence, interruption of proceedings, or defying a
court order. These wrongful acts may be committed by attorneys, officers of the court, court
personnel, jurors, witnesses, protestors, or any party involved in a court proceedings.
There are two main types of contempt of court: criminal and civil. Criminal contempt can occur
within a civil or criminal case. Civil contempt might include a refusal to comply with a court
order in a civil action. The punishment prescribed is intended to force compliance with the
specific court order as opposed to punishing the wrongdoer.
Criminal contempt generally involves serious acts or disturbances that defies the dignity of the
court or prevents the court from its normal progression. The punishment is levied to maintain the
authority of the court or the assigned judge. Therefore, the purpose of criminal contempt is
punishment; the purpose of civil contempt is compliance.
Through this research paper researcher wants to find out the relevance of facts stated in the cases
of contempt of court. What are the parameters which make the situation as contempt of court.

“ Law is not law if it violates the principles of eternal justice”

- Lydia Maria Child
Republic of India revolves around the rights given in constitution & to be followed by every
Indian citizen in spite of their cast, color & creed because of our versatile society it has become
mandatory to take care of societal, religious & regional sentiments of Citizens of our country,
which is inspired from relative sources in the Vedas, the Upanishads and other religious scripts.
Customization of the presenting values will differentiate as per the customs followed by people
or the concerned in his / her region or religion. Indian law is originated from many religious
practices existing in constitutional system of our society. The term law is defined as rules of
human conduct that flows from a source recognized as competent by the legal order and which
prescribes the imposition of a sanction in the event of disobedience.

Contempt of court is considered when a conduct disrespect or disregard or hinder or mess

up with integrity of any party during serving law as officials or somehow working as
judicial server.

1. Civil Contempt
It has been defined as intractable disobedience to any judgment, direction, order, write or
 other process of a court or willful breach of an undertaking given to a court Under
Section 2(b) of the Contempt of Courts Act of 1971.

2. Criminal Contempt
Under Section 2(c) of the Contempt of Courts Act of 1971, criminal contempt has been
defined as the publication of any matter or the doing of any other act whatsoever which:
(i) Scandalises or tends to scandalise, 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.

Punishment for the contempt of court

In India High Court and Supreme Court have right to the power to punish for the contempt of the
court.
Under Section 12 of Contempt of Court Act, 1971, a contempt of court can be punished with
simple imprisonment for a term which may extend to maximum of six months, or with fine
which may extend to two thousand rupees, or with both.
However, in civil cases if the court considers that a fine is not sufficient for justice then court can
sentence civil prison for six months rather than simple imprisonment.

Contempt under Indian Constitution

Article 129 and 215 of the Constitution of India is in the nature of empowering courts for the
contempt. While Article 129 empowers the Supreme Court, Article 215, on the other hand,
empowers High Courts to punish people for their respective contempt if caught or being
complained fiddling with their Jobs . Although High Courts have been given special powers to
punish contempt of subordinate courts, as per Section 10 of The Contempt of Courts Act of
1971.
Article 129, of the Constitution of India, states that “The Supreme Court shall be a court or
record and shall have all the powers of such a court including the power to punish for contempt
of itself. Supreme court as a guardian of right to personal liberty, cannot do anything by which
that right is away, especially when supreme court is acting suo motu as in proceeding for its own
contempt. Art.215: High Courts to be courts of record.—Every High Court shall be a court of
record and shall have all the powers of such a court including the power to punish for contempt
of itself.

Object
The jurisdiction regarding contempt of court is a special jurisdiction. It must be used to uphold
the dignity of the courts and the majesty of law untainted.
Another importance of this contempt power is to ensure the majesty of judicial institutions so
that it may not be lowered, and also to preserve the functional utility of the constitutional
deliverables keep functioning smoothly & untendered due to accuse in system.

Procedure to be followed
The procedure provided by the Contempt of Court Act, 1971 has to be followed in the exercise
of the jurisdiction under article 129 and 215 of the Indian Constitution.
Any individual can recourse to any of the following three options:
1. He may place the information in his possession before the court and request the court
to take action.
2. He may place the information before the Attorney General and request him to take
action.
3. He may place the information before the Attorney General and request him to move
the court.

Role of media in highlighting Contempt of court

Media is considered as fourth pillar of democracy and media has the power to mould the
viewpoint of the society in regard to any situation. The media is praised for starting a trend to
bring the accuse to hook or bringing them behind the bars. The media can create an awareness
about the issue so that the person who complained or being cheated will get the support for
justice from society at large.
In last few years with the advancement of cable TV, radio network and internet the reach of mass
media and its impact on society has increased tremendously. People have started looking towards
the new ways of news dissemination as well as toward the traditional way of newspapers and
magazines. As a result of this modernization media organizations are getting more power to
shape the viewpoint of the people. However, freedoms of press also have few limitations and
responsibilities to look upon. Social media plays an important role to connect people at large &
concerned authorizes also may response on these platform in no time to ensure the actions will
be taken rightfully & in favor of law.
Article 19(1) (a) of the Indian constitution gives freedom of speech and expression which
includes freedom of press. The existence of a independent and powerful media is the keystone of
democracy. Media is not the medium of portraying news but media has the power to express
one’s views and opinions. The fundamental role of media is to activate the thinking process of
millions.
Media played a tremendous role in getting the justice to the victims in many cases like
Priyadarshini Mattoo case, Jessica Lal case, Nitish Katara murder case and Bijal Joshi rape case
, Nirbhaya rape case & Arushi Talwar Murder case in these cases without media intervention
justice was not possible. Media is not there to pressurize system it is there to make the servers of
system that they are being watched & come under same constitution which has similar
fundamental rights for every Indian citizen through which Justice cannot be denied.
While we are talking about contempt of court media has played a incredible role to bring the
people in front who are responsible for contempt of court and doesn’t come out due to their
power and reputation in front of general public or we can say that they misuse the power of their
designation to safeguard themselves.
Few of the cases of contempt of court in the year 2017 are Justice C.S. Karnan case, Advocate
Asok Pande cae (Allahbad High court lawyer), Arundhati Roy and Narmada bachao andolan
case.
In all the above cases media helped the people to know about the real picture about the issue,
what the case all about, what all things are highlighted, what all are the things never taken into
account, what was the actual issue, how many times the trial took place and ultimately what was
the decision of honorable Supreme Court of India. Media trials are adhered to be the best
democratic tool to achieve the righteous information on account.
Objective
 To know the role of media in highlighting the contempt of court cases. (with reference to
the cases highlighted in year 2017)
 To know about Suo Moto and how it was applied in the contempt of court cases.
Methodology
Methodology of the paper is totally secondary in nature. The paper is based on secondary sources
which is to be verified upon court orders to different & reliable investigating agencies in System.

Contempt of Court Cases

Justice Karnan vs Supreme Court
Justice C S Kernan was in news exact after his appointment as a judge in the year 2009. He was
accused many times for his ruthless behavior towards his fellow people and his complaints about
the judicial system.
He even complained about his fellow judges on grounds of being harassed by them on being
schedule cast to National Commission. He was in news for many days regarding a controversial
judgment passed by him in June 2013 for promise of marriage and premarital sex. As per his
statement as Judge "If a bachelor aged 21 years or above and a girl aged 18 years or above had
pre-marital sex with intention to marry and subsequent to this the man leaves or moves out of
relationship with false commitments then the victim woman can approach a civil forum for
remedy after producing necessary substantial evidence to grant her social status as his wife.”
In 2014 he claimed that appointment of certain judges & selection was unfair and he wants to file
an affidavit in his name. He also interrupted the proceedings of Madras High court during a
hearing of Public Interest Litigation (PIL). On this type of behavior supreme court said that "The
sudden unfamiliar incident made us fume inwardly at this raw unconventional protest that was
unexpected, uncharitable and ungenerous and, to say the least, indecorous."
In the same year 2014 In August he again spoke for the appointment of Justice Kaul at Madras
HC chief justice. It was believed by the people that the issue was again based on discrimination.
20 judges sent a memorandum to the CJI asking that Justice Karnan to be transferred as they find
it difficult to work with him at similar premises.
On January 23, 2017, Justice Karnan written an open letter to the prime minister naming “an
initial list” against 20 sitting and retired Supreme Court and High Court judges, accusing them
for corruption.
On 8 May 2017, Justice Karnan had sentenced Chief Justice of India Jagdish Singh Khehar and
seven other SC judges to five-year imprisonment after holding them guilty under the SC/ST
Atrocities Act-1989 and amended Act of 2015.
On 9 May 2017 A seven-judge bench of the Supreme Court, headed by then then Chief Justice of
India J S Khehar directed that Justice Karnan be arrested “forthwith”. He was found guilty of
contempt of court, judiciary and judicial process. “We are of the unanimous opinion that Justice
C.S. Karnan has committed contempt of court, judiciary and judicial process of the gravest
nature,” then Chief Justice J S Khehar mentioned in the order.He was becoming an constant
threat of disorder to the court & its proceedings .Someone who considered that CJI should be put
behind the bars as well.
Supreme Court had taken suo motu (on its own motion) cognizance of Karnan’s misconduct in
accusing members of the judiciary nepotism, casteism and corruption during his tenure as a
judge in the Madras high court. He was subsequently transferred to the Kolkata high court.
Justice kernan got retired on June12, 2017 and subsequently after a week of his retirement,
finally he was arrested by Kolkata Police on June 21, 2017 from Coimbatore.

Contempt of Court: SC Suspends Jail Term Awarded To Allahabad HC Lawyer

The Supreme Court suspended the jail term awarded to an Allahabad High Court lawyer,
Advocate Asok Pande who had been held guilty in criminal contempt for making allegations
against several High Court Judges. In august 2017 he was awarded imprisonment for three
months along with the fine of Rs. 2000/-. Mr. Pande had also challenged the authority of the
Chief Justice of the High Court for nominating the Bench for hearing the contempt proceedings
initiated against him.

SC Relief For Arundhati Roy In Contempt Case

Suzanna Arundhati Roy is an Indian author best known for her novel The God of Small
Things (1997), which won the Man Booker Prize for Fiction in 1997. She is also serving as
a political activist involved in human rights and environmental causes. Recently supreme court
has issued relief for her in contempt of court case. In March 2002, the Supreme court had
convicted Arundhati Roy for criminal contempt of court for her critical views on Supreme
Court’s judgment in Narmada Bachao Andolan case as nobody is allowed to disregard the
integrity of the courtroom and its judgement. The court found Roy's statement, which she refused
to apologise for, constituted criminal contempt and sentenced her to a "symbolic" one day's
imprisonment and fined Roy Rs. 2500. For Narmada bachao andolan she campaigned along with
activist Medha Patkar saying that the dam will displace half a million people, with little or no
compensation, and will not provide the projected irrigation, drinking water, and other
benefits. Roy's opposition to the Narmada Dam project was criticised as "maligning Gujarat" by
Congress and BJP leaders in Gujarat.

Conclusion
Media plays a very significant role in portraying the news and views amongst public. In
democratic society like India it acts as a fourth pillar and has a major role to safeguard the needs
of the society and the people. Media interventions are considered as media trials or trial by media
and it’s also helps people in understanding the real picture of any issue as everyone doesn’t
understand what is law, what is legal or the terminology used for any official references. In all of
the above cases media played a very important role in highlighting the whole issue time to time
so that everyone could understand what all are the happenings or decisions taken by the apex
court. What is PIL all about and how the contempt was proved on the accused against contempt
of court. The complete proceedings of the law has been witnessed, described & presented by
media in favor of protecting Judicial, fundamental & legal responsibilities towards the nation.
This paper states that the contempt was done by the people who are considered as idols and
people who protect the dignity of the nation and court with the power they hold. In Justice
Kernan case he was the protector and he did the contempt of court as he disregarded the
courtroom and defame the fellow judges. People of India or Society in large look forward to the
highest institutions for Justice or Court of Laws which imbibe them the freedom of utilizing &
enjoy their constitutional rights to live respectfully & create a congenial trustworthy society.
Cases like above are mere not just examples to be submitted, read or to be forgotten but
to be taken as the symbol of faith & strengthen the belief in our Nation’s Judicial & fundamental
rights .They serve as a lesson to people in power that in democracy people or citizens are to be
considered above all & its their duties what they are performing to safeguard defined parameters
of their service towards society not as an individual or for any individual group. We Take Pride
& Say we are being protected by most Robust written constitution of the World. It’s our
responsibility to utilize the freedom & fundamental or judicial rights provided as citizens not to
be misused & to maintain healthy congenial atmosphere in the country. Keep The Faith Alive in
our Judicial System that we are well protected & should contribute best of our efforts in our
national interest & progress.

References:
1. Kernan Justice- breaking-justice-karnan-move-sc-conviction-sentence-contempt-case
Retrived from http://www.livelaw.in/
2. https://indiankanoon.org/doc/9561866/
3. https://www.ndtv.com/india-news/jailed-for-contempt-former-high-court-judge-cs-
karnan-to-be-released-tomorrow-1789817
4. https://www.outlookindia.com/website/story/all-you-need-to-know-about-justice-cs-
karnan-who-now-faces-contempt-charge-by-su/297858
5. http://www.livelaw.in/sc-relief-arundhati-roy-contempt-case/
6. http://www.thehindu.com/2002/04/05/stories/2002040501101000.htm
7. http://www.livelaw.in/contempt-court-sc-suspends-jail-term-awarded-allahabad-hc-
lawyer-read-order/
8. https://www.casemine.com/judgement/in/56b48fc1607dba348fff879b
9. http://doj.gov.in/sites/default/files/contempt.pdf