12

will;/who have honour; and will not lie;/ who can stand before a demagogue/

and damn his treacherous flatteries without winking/tall men (and women),
18
sun-crowned, who live above the fog/in public duty and in private thinking.”

Before taking up the legal position regarding power of courts to punish for

contempt of court, it is better to find out the legal position in U.K. and U.S.A.,

where law in this regard has been well settled by Judicial decisions.

1.4 Position in U.K.

As back as 1893, the court “in the matter of special reference from
Bahamas Island”19, upheld the right of a person to criticize and put an end to

theory of integrated personality of the judge. Upholding the right of criticizing

Lord Atkin said “Path of Criticism is public way’ and ‘the wrong headed are

permitted to err therein: and ‘justice is not a cloistered virtue she must be

allowed to suffer the scrutiny and respectful, even though outspoken

comments of ordinary man.20 i '

The right to criticize has been upheld time and again. Lord Denning in
R. v. Commr. of Police Ex. P. Blacburn21 held that “....... we do not fear

criticism, nor do we resent it” and “it is the right of every man... to make fair

comment even outspoken comment on matters of public interest...” Lord

Salmon said “It is the inalidnable right of everyone to comment fairly upon

any matter of public importance”. Lord Edmerd observed “The right1 to fair

criticism is part of the birth-right of all subject of Her Majesty”. 1

House of Lords in A.G. v. Times Newspapers22 for the first time dealt
the English law of contempt in depth. This case is significant for two reasons -

18 Newspaper, The Tribune, 17th Dec. 2007.

19 (1893) AC 138 (PC). • i
20 Ambard v. Att. Gen. of Trinidad and Tobago (1936) AC 322 (PC).
21 (1968) 2QB 150.
22 (1973) 1 QB 710.