CHETTINAD SCHOOL OF LAW

NAME LINKEHSHVAR S

ROLL NO 85221711

SUBJECT CONSTITUTION LAW II

DATE 02-05-2023

TOPIC CONTEMPT OF COURT

 INDEX

 INTRODUCTION
 MEANING
 KINDS OF CONTEMPT OF COURT
 CIVIL CONTEMPT
 CRIMINAL CONTEMPT
 PUNISHMENT FOR CONTEMPT OF COURT
 CONTEMPT UNDER INDIAN CONSTITUTION
 OBJECT
 PROCEDURE
 OBJECTIVE
 METHODOLOGY
 CASE LAW
 CONCLUSION
Introduction

Contempt of court has been derived from the Latin word, contemptuous curiae, which means
to "value little". It has been referred to as the "legal thumb screw" and has been confused for
a long time. In the common law system, Superior Courts (Courts of Record) in England had
the power to commit and punish for contempt. The King of England, by Charter, dated 24th
September 1726, established the Corporation in each of the Presidency Towns and the
Mayor’s Courts. The Mayor Court was empowered to punish for contempt during the reign of
the East India Company. Contempt of court is derived from the Latin word, contemptuous
curiae, which means to "value little". In the common law system, Superior Courts in England
had the power to commit and punish for contempt. The King of England established the
Corporation in each of the Presidency Towns and the Mayor’s Courts, and the Mayor Court
was empowered to punish for contempt during the reign of the East India Company.

Meaning

Section 2 of the Act defines Contempt of Court as either Civil or Criminal Contempt. There
is no straight jacket formula in the definition, and there are two types of Contempt: Civil or
Criminal. Sections 2(b) and 2(c) clarify the meaning of Civil and Criminal Contempt
respectively.
Kinds of contempt of court

Civil Contempt

Section 2(b) of Civil Contempt requires willful disobedience of a court or breach of an

undertaking given to a court by any person. This willful disobedience must be related.

1. Judgment,
2. Decree,
3. Direction,
4. Order,
5. Writ, or other process of a court.

Criminal contempt

Section 2(c) of the Criminal Contempt Act states that there must be a publication of any
matter in the form of words, spoken, written, signs, visible representations, or by any other
means. If it is satisfied that such publications or acts are done, it is considered criminal
contempt.

Contempt of court is when a person disregards or hinders the integrity of another party while
serving law as an official or judicial server.

Contempt of court is any behavior or wrongdoing that challenges the authority, integrity, and
superiority of the court. It can 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 court proceedings.
Article 19(1)(a) of the constitution grants citizens the right to freedom of speech and
expression, but articles 129 & 215 give the power of contempt of court to the higher
judiciary, limiting the freedom granted by article 19(1)(a).

The Republic of India revolves around the rights given in the constitution and to be followed
by every Indian citizen. It has become mandatory to take care of societal, religious, and
regional sentiments of citizens, which are inspired by relative sources in the Vedas, the
Upanishads, and other religious scripts. Indian law originated from many religious practices
existing in the constitutional system of our society. The term law is defined as rules of human
conduct that flow from a source recognized as competent by the legal order and which
prescribes the imposition of a sanction in the event of disobedience.

Punishment for contempt of court

The Indian High Court and Supreme Court have the power to punish for contempt of court.
Under Section 12 of the Contempt of Court Act, 1971, contempt of court can be punished
with simple imprisonment for a term of up to six months, or with a fine of up to two thousand
rupees. In civil cases, if a fine is not sufficient for justice, the court can sentence civil prison
for six months instead.

Contempt under Indian Constitution

Articles 129 and 215 of the Constitution of India empower courts to punish people for
contempt. Article 129 empowers the Supreme Court, while Article 215, empowers High
Courts to punish people for their respective contempt if caught or complained of fiddling with
their Jobs. However, 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 has all the powers of a
court, including the power to punish for contempt of itself. The Supreme Court is a guardian
of the right to personal liberty, but cannot act suo motu when it is acting for its contempt.
Object

Contempt of court is a special jurisdiction that must be used to uphold the dignity of the
courts and the majesty of the law. It also ensures the majesty of judicial institutions and
preserves the functional utility of constitutional deliverables. This power must be used to
ensure the majesty of judicial institutions and to preserve the functional utility of
constitutional deliverables.

Procedure

The Contempt of Court Act, of 1971 provides three options for individuals to appeal against a
court's decision to take action. The first option is to place the information in the individual's
possession before the court and request the court to take action. The second option is to place
the information before the Attorney General and request him to take action. The third option
is to move the court.

Role of Media in Highlighting Contempt of Court

Media is considered the fourth pillar of democracy, as it has the power to shape society's
view of any situation. It can start a trend to bring accused people to justice or create
awareness of the issue so that those who complain or are cheated can get support for justice
from society at large. This can help those who have been wronged get justice. The reach of
mass media and its impact on society has increased significantly due to the advancement of
cable TV, radio networks, and the internet. People have started looking towards new ways of
news dissemination as well as the traditional way of newspapers and magazines. Media
organizations are getting more power to shape the views of the people, but the freedoms of
the press have few limitations and responsibilities to look upon. Social media plays an
important role to connect people at large and authorities can respond on these platforms to
ensure that actions are taken rightfully and in favor of the law.

Media has played an important role in bringing those responsible for contempt of court to
light. This is especially important when it comes to those who don't come out due to their
power and reputation in front of the public, or who misuse their designation to protect
themselves.
Objective

1. Suo Moto was used in contempt of court cases to protect the public.
2. Media plays an important role in highlighting contempt of court cases

Methodology

The paper is based on secondary sources which must be verified through court orders to
reliable investigating agencies in System.

Case law

Justice Karnan vs Supreme Court

Justice C S Kernan was in the news after he was appointed a judge in 2009 for his ruthless
behavior towards his fellow people and complaints about the judicial system. He was in the
news for his controversial judgment passed in June 2013 for the promise of marriage and
premarital sex, which stated that if a bachelor aged 21 years or above and a girl aged 18 years
or above had pre-marital sex with the intention to marry and after this, the man leaves or
moves out of a 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, Justice Karnan claimed that the appointment of certain judges and
selection was unfair and wanted to file an affidavit in his name. He also interrupted the
proceedings of the Madras High Court during a hearing of Public Interest Litigation (PIL). In
August 2014, he again spoke for the appointment of Justice Kaul as MadrasHC chief justice.
On January 23, 2017, Justice Karnan wrote an open letter to the prime minister naming an
initial list of 20 sittings and retired Supreme Court and High Court judges, accusing them of
corruption. On 8 May 2017, Justice Karnan sentenced Chief Justice of India Jagdish Singh
Khehar and seven other SC judges to five-year imprisonment after holding them guilty under
the SC/STAtrocities Act-1989 and amended Act of 2015. On 9 May 2017, a seven-judge
bench of the Supreme Court directed that Justice Karnan be arrested “forthwith”. Justice C.S.
Karnan was found guilty of contempt of court, judiciary, and judicial process. The Supreme
Court had taken suo motu cognizance of Karnan's misconduct in accusing members of the
judiciary of nepotism, casteism, and corruption during his tenure as a judge in the Madras
high court. He was transferred to the Kolkata high court and after a week of his retirement, he
was arrested by Kolkata Police on June 21, 2017, from Coimbatore. The Supreme Court had
taken suo motu cognizance of Karnan's misconduct in accusing members of the judiciary of
nepotism, casteism, and corruption.

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 of criminal contempt for making allegations
against several High Court Judges. In August 2017, he was awarded imprisonment for three
months and a fine of Rs. 2000/-. Mr. Pande 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 a political
activist involved in human rights and environmental causes. In March 2002, the Supreme
Court convicted her of criminal contempt of court for her critical views on the Supreme
Court’s judgment in the Narmada Bachao Andolan case. The court found her statement,
which she refused to apologize for, constituted criminal contempt and sentenced her to a
"symbolic" one day's imprisonment and fined her Rs. 2500. Roy's opposition to the Narmada
Dam project was criticized as "maligning Gujarat" by Congress and BJP leaders in Gujarat.

Conclusion
Media plays a major role in portraying news and views amongst the public. In democratic
societies 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 trials by media
and help people understand the real picture of any issue. In all of the above cases, the media
played a very important role in highlighting the whole issue from time to time so that
everyone could understand what all are the happenings or decisions taken by the apex court.
This paper states that the contempt was done by the people who are considered idols and
people who protect the dignity of the nation and court with the power they hold. The most
important details in this text are related to the case of Justice Kernan, where he was the
protector and did the contempt of court as he disregarded the courtroom and defame his
fellow judges. These cases serve as a symbol of faith and strengthen the belief in India’s
Judicial and fundamental rights. They serve as a lesson to people in power that in a
democracy people or citizens are to be considered above all and their duties are to safeguard
defined parameters of their service towards society. It is our responsibility to utilize the
freedom and fundamental or judicial rights provided as citizens, not to be misused, and to
maintain a healthy congenial atmosphere in the country. We should keep the faith alive in our
Judicial System that we are well protected and should contribute the best of our efforts in our
national interest and progress.

Reference

http://www.livelaw.in/

https://indiankanoon.org/doc/9561866/