CONTEMPT OF COURT BY LAWYERS AND ITS

CONSEQUENCES

By: -

Yashashvi Lohia

3rd Year, BBA, LL.B.

HIMACHAL PRADESH NATIONAL LAW UNIVERSITY, SHIMLA

E-mail – [email protected]

Mob No- 8353071846

www.probono-india.in

May 15, 2020

ABSTRACT
Contempt of Court by lawyers is wrong act done by lawyers which affects the integrity and
superiority of court or doing of an act which is against the integrity, authority and superiority
of the courts of the Country. There are two types of contempt of court: Criminal contempt and
Civil contempt. Civil contempt often means failure to comply with courts order. Judges
implement civil contempt on such persons who has violated the court orders. On the other
hand, Criminal Contempt is punitive in nature and it means an act or disturbance which
affects the dignity and integrity of the courts or prevents court from carrying on their
progression. The purpose of civil contempt is compliance and the purpose of Criminal
Contempt is punishment. A judge may impose fine or jail to someone who has been found
guilty of contempt of court.

Article 129 and Article 215 of constitution of India gives power to the courts of the nation for
punishment in the cases of contempt of court to higher judiciary, this power limits the
freedom granted Under Article 19(1)(a).

KEY WORDS- CONTEMPT, CIVIL CONTEMPT, CRIMINAL CONTEMPT,

PUNISHMNET, MEDIA
INTRODUCTION
The term contempt of court (Contemptus curiae) was in use since ages and is as historic as
law. The law related to contempt of court has advanced over the years. The courts punish
whoever tends to obstruct, humiliate or prejudice the administration of justice either with
reference to a particular case or as in general.

The law related contempt of court in India has taken its origin from British Administration in
India. It has come from a judgment in 1765, where it’s said that the power of contempt of
court is essential in order to maintain the dignity and integrity of the judges and vindicate
Authorities.1

In the case of Surendranath Banerjee, the Privy Council observed that a high court has power
to punish for contempt from its own existence. This power is not given by law. In 1926, The
contempt of courts act was passed so that transparency can be brought in order to punish for
contempt of any subordinate Court. Further, this act was replaced by Contempt of Court Act,
1952. Again this act was also replaced by Contempt of Courts Act, 1971 on recommendation
of committee headed by H.N. Sanyal.2

There is no proper definition of contempt given by the Indian Legislature. Section 2(a) of The
contempt of Courts Act, 1971 says that contempt of Court means Civil contempt and
Criminal Contempt. Section 2(b) and Section 2(c) talks about the civil contempt and Criminal
Contempt. Though act has not clearly defined what will come under contempt of court or not.
Contempt of Court doesn’t have any fix definition. What will come under the contempt of
court or what will offend the dignity of court or lower the dignity of courts it will be decided
by the court itself and it will depend upon the facts and circumstances of each case.3

CONTEMPT OF COURT UNDER CONSTITUTION OF INDIA

Article 129 and Article 215of the constitution of India has given power to the courts for
contempt. Article 129 gives power to the Supreme court of India while Article 215 gives

1
Justice Markandey Katju, It’s time to amend law on contempt of court, The Times of India, (July 29, 2014).
2
In 1962 a Committee headed by H.N. Sanyal, the then Solicitor General of India, was appointed by the
Government of India to review and suggest modifications in the law of contempt of court. The Committee in its
report stated the summary jurisdiction to punish for contempt of court.
3
(Legal Services India July, 2019)< http://www.legalserviceindia.com > Assessed on 2 May, 2020.
power to High court to punish people for the contempt of court respectively. According to
Section 10 of Contempt of Courts Act, 1971, Special Power has been given to High Court to
punish for the contempt of Subordinate Court4.

Article 129 of constitution of India clearly says that The Supreme Court shall be a court or
record and shall have all the powers which a court have power to punish for contempt of
itself. Article 215 of Constitution of India says that high courts to be a court of Record. Every
high court is a court of record and has power to punish for contempt itself.

Article 19(1)(a) of the constitution gives the right of freedom of speech & expressions to all
citizens, but Articles 129 an d Article 215 give the power to punish for the contempt of court
to the higher judiciary and this power puts the limitation on the freedom granted by article
19(1)(a) of the constitution.
There is a procedure given by the contempt of courts act, 1971to exercise the jurisdiction
under Article 129 and Article 215 of Indian Constitution. The procedure which an individual
must follow is:
1) An individual may place the information in his possession before the court and
request court to take an appropriate Action.
2) Or An individual may put the information before Attorney General and may request
him to take an action.
3) Or An individual may put the information before Attorney General and may request
him to move the court.

TYPES OF CONTEMPT OF COURT

Contempt of Court has been divided into 3 categories, by Lord Hardwick

1) Scandalizing the court itself
2) Abusing Parties who are concerned in the cause in presence of court
3) Prejudicing The public before the court is heard.

But In India Contempt of Court has been divided into two main categories:
1) Civil Contempt
2) Criminal Contempt
4
Priyanka Oberoi, Contempt of Court in India Research gate India, Contempt of court in India with
reference_to_case_studies_and_cases_in_2017.
CIVIL CONTEMPT
Civil Contempt means intentional disobedience of any judgment, order, and decree.
Direction, writ or any other process of the court or an intentional willful breach of an act
directed to an individual by the court.
The contempt of Court Act, 1971 Section 2(a) defines civil contempt which means willful
disobedience to any judgment, decree, order, direction or any other process of court or willful
breach of undertaking given to court. In simple words, it means that any wrong being done to
the person who is entitled to benefit given by the court.5

There should be disobedience of an order of court to constitute an offence of contempt of

court. An order of the court includes all kinds of judgment, preliminary orders final orders,
and contempt order. Disobedience of any kind of order, decree. Writ petition will amount to
an offence of Contempt of Court.

It was held by the Supreme Court within the case of H.Puninder v. K. K. Sethi6, that in
absence of the stay order in appeal or revision of upper court, the order appealed against
should be complied with, subject to any order passed at later stage, otherwise it’s open for the
contempt court to proceed further on merit of the contempt case.

Supreme Court in the case of State of Jammu and Kashmir v. Mohammad Yakub Khan7
held that where stay vacation application has been promptly filed by the respondent against
whom the stay order has been passed and the same is pending for disposal the court shouldn't
proceed in the contempt case unless and until the stay vacation application has been decided.

As the breach of undertaking as contempt of court is concerned, the basis behind this is the
contempt or obtains a beneficial order for himself from the court, by giving an undertaking
and if he doesn’t able to honor the undertaking at a later stage than he is responsible for

5
Harshita Narayan, Contempt of Courtcil.lsyndicate.com/wp-content/uploads/2016/09/
6
H.Puninder v K. K. Sethi (1998) 8 SCC 640.
7
State of Jammu and Kashmir v Mohammad Yakub Khan JT 1992 (5) SC 278, 1992 (2)
SCALE 424, (1992) 4 SCC 167, 1992 Supp 1 SCR 43, 1992 (2) UJ 720 SC, (1992) 2
UPLBEC 116.
serious fraud in the court and thereby interferes with the administration of justice by bringing
the court into disrespect8

CRIMINAL CONTEMPT

It is more serious type of offence as compared to civil contempt. Some examples of criminal
Contempt are Arrest and assault of a judicial officer by police officer. This will amount to
criminal contempt. If any judicial officer is put into a trap by any police officer and judicial
officer is assaulted, handcuffed and roped, people will lose faith in courts 9. As per section
2(c)10of The contempt of court Act, 1971 defines Criminal Contempt. Criminal Contempt
means
“The publication whether by words spoken or written or by sign language or by visible
representation or otherwise of any matter, or doing of any other act whatsoever which:

1) Scandalizes or tends to scandalize, or lowers or tends to lower, the authority of any

court
2) Prejudices or interferes or tends to interfere with the due course of any Judicial
proceeding
3) Interferes or tends to interfere with, or obstructs or tends to obstruct the administration
of Justice in any other manner”

There are certain essentials of criminal contempt of court:

1) Publication of Any Matter

Word used publication in this section has given wide meaning for the purpose of contempt of
court. It includes words such as spoken, written, signs, visible representation. It also includes
publication of any material in any magazine, newspaper or any other material or on radio ,
television , theaters etc. . if that contains something which will scandalize or lower or tends to
lower or scandalize the dignity and integrity of courts and its authority or doing of an act

8
(Legal Services India July, 2019)< http://www.legalserviceindia.com > Assessed on 2 May, 2020.
9
Harshita Narayan, Contempt of Court in India , http://jcil.lsyndicate.com/wp-content/uploads/2016/09/ .
10
The contempt of courts act, Section2(c) .
which will interfere or tend to interfere in proper administration of justice. Then it will
amount to criminal contempt of court.11

2) Scandalizing or lowering authority of the court

Scandalizing or lowering authority of courts is done by direct attack on judges in particular in

the court as a whole either with reference to any case or without reference to a case by
making any unwarranted defamatory statements which affects the reputation of the judges it
will Amount to criminal contempt of court. This type of conduct is punishable and it will tend
to create distrust in the mind of common persons and people will lack confidence in
judiciary.12

3) Prejudice or interference with due course of any judicial proceeding

Any kind of publication which prejudices or interferes with any kind of judicial work or any
judicial proceeding than it would amount to criminal contempt of court .The knowledge
regarding the pendency of the case and reasonable grounds to believe that the case in
pending is sufficient to make out criminal contempt and the intention and motive of the
publisher behind the content of publication is not relevant for the purpose of criminal
contempt. If it lowers the authority of the court and causes interference with the due course of
judicial proceeding.13

4) Interference in proper administration of justice by any other means

The publication or doing of any act which will obstruct or tend to obstruct in administration
of justice in any other manner. It will amount to criminal contempt of court.
Any conduct which tends to prevent or actually prevents a party to approach the court,
amounts to criminal contempt of court, For Example writing a threatening letter to litigating
party or his counsel preventing him from attending the court, writing a letter to the judge or

11
(Legal Services India July, 2019)< http://www.legalserviceindia.com > Assessed on 2 May, 2020.
12
(Legal Services India July, 2019)< http://www.legalserviceindia.com > Assessed on 2 May, 2020.
13
(Legal Services India July, 2019)< http://www.legalserviceindia.com > Assessed on 2 May, 2020.
approaching him in order to influence his judicial conscience or approaching a counsel for
undue favor are all examples of interference with administration of justice and are contempt
of court.14

PUNISHMENT FOR CONTEMPT OF COURT

Section 12 of contempt of Courts Act deals with punishment for contempt of the court.
Section 1215 reads as follows Punishment for contempt of court:

(1) Save as otherwise expressly provided in this Act or in any other law, a contempt of
court may be punished with simple imprisonment for a term which may extend to six
months, or with fine which may extend to two thousand rupees, or with both: (1) Save
as otherwise expressly provided in this Act or in any other law, a contempt of court
may be punished with simple imprisonment for a term which may extend to six
months, or with fine which may extend to two thousand rupees, or with both\:"
Provided that the accused may be discharged or the punishment awarded may be
remitted on apology being made to the satisfaction of the court. Explanation. -An
apology shall not be rejected merely on the ground that it is qualified or conditional if
the accused makes it bona fide.

(2) Notwithstanding anything contained in any other law for the time being in force, no
court shall impose a sentence in excess of that specified in sub-section (1) for any
contempt either in respect of itself or of a court subordinate to it.

(3) Notwithstanding anything contained in this section, where a person is found guilty of
a civil contempt, the court, if it considers that a fine will not meet the ends of justice
and that a sentence of imprisonment is necessary shall, instead of sentencing him to
simple imprisonment, direct that he be detained in a civil prison for such period not
exceeding six months as it may think fit.

(4) Where the person found guilty of contempt of court in respect of any undertaking
given to a court is a company, every person who, at the time the contempt was
committed, was in charge of, and was responsible to, the company for the conduct of
14
(Legal Services India July, 2019)< http://www.legalserviceindia.com > Assessed on 2 May, 2020.
15
The Advocates Act, 1971, Section 12.
 business of the company, as well as the company, shall be deemed to be guilty of the
contempt and the punishment may be enforced, with the leave of the court, by the
detention in civil prison of each such person: Provided that nothing contained in this
sub-section shall render any such person liable to such punishment if he proves that
the contempt was committed without his knowledge or that he exercised all due
diligence to prevent its commission.

(5) Notwithstanding anything contained in sub-section (4), where the contempt of court
referred to therein has been committed by a company and it is proved that the
contempt has been committed with the consent or connivance of, or is attributable to
any neglect on the part of, any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall also be deemed to be
guilty of the contempt and the punishment may be enforced, with the leave of the
court, by the detention in civil prison of such director, manager, secretary or other
officer. Explanation.—For the purposes of sub-sections (4) and (5)—
(a) “company” means anybody corporate and includes a firm or other association of
individuals; and
(b) “Director” in relation to a firm, means a partner in the firm.

PERIOD OF LIMITATION

Section 20 of the Contempt of the courts act deals with the period of limitation in the case of
contempt proceeding. Section 20 says that no court has power to start the proceedings either
in its own notions or after the expiry of 1 year from the date on which contempt is alleged to
have been committed. Proceedings for contempt can be started either by filing an application
in court. This limitation period is applicable in both civil as well as criminal contempt. 16
In criminal contempt, Contempt is considered to be committed when there is scandalization
of court or interference with the administration of justice occurs. The period of limitation
immediately starts running. But in the cases of civil contempt time of limitation does not start
from date of order. It starts after expiry of period mentioned in the order after service of
certified copy of the order upon the other side. If no time limit is mentioned in the order then
the order should be complied within a reasonable period. The term “reasonable period” has
been interpreted to be a period of three months from the date of service of certified copy. 17
16
The Advocates Act, 1971, Section 20.
17
(Legal Services India July, 2019)< http://www.legalserviceindia.com > Assessed on 2 May, 2020.
DEFENCES AGIAINST CIVIL CONTEMPT AND CRIMINAL
CONTEMPT

DEFENCES AVAILABLE AGAINST CIVIL CONTEMPT

1. If a person have no knowledge about the order of the court and does an act which will
affect the dignity and integrity of court then such person cannot be held guilty for
contempt. Law casts a duty upon the winning party to give the certified copy of the
order to the other side. Notwithstanding the fact that order has been passed by the
court in presence of both parties but the certified copy of the order was not formally
given by the successful party.

2. When it’s found that any kind of disobedience or any breach of the order has done by
the parties but it was accidental or because of any reason which is beyond control then
in such case person cannot be held liable for contempt. It can be successful only when
order has been complied with reasonable explanation.18
It will also depend upon intention of parties court can assess whether the act done by
the party is in same way as a reasonable prudent man would do.19
In case of Bharat Coking Coal Ltd. vs. State of Bihar,20 the Supreme Court clarified
the legal position by holding that where the order is incomplete and ambiguous, the
parties should approach the original court and get the order clarified by getting the
ambiguity removed.
3. When the border given by the court involves more than 1 reasonable interpretation
and the party acts in relation to such interpretation he cannot be held liable for
contempt. It can be arisen only when the question of interpretation on arises.
In case of T.M.A. Pai Foundation vs. State of Karnataka21 it was held that this
defense won’t be allowed if a doubt about the order has been deliberately created
when actually there is no doubt at all.

18
(Legal Services India July, 2019)< http://www.legalserviceindia.com > Assessed on 2
May, 2020.
19
(Legal Services India July, 2019)< http://www.legalserviceindia.com > Assessed on 2
May, 2020.
20
Bharat Coking Coal Ltd. v State of Bihar 1990 SCR (3) 744, 1990 SCC (4) 55.
21
T M A Pai Foundation v State of Karnataka (2002) 8 SCC 481.
 4. In proceedings for civil contempt, it would be a valid defense that the compliance of
the order is impossible. However, the cases of impossibility must be distinguished
from the cases of mere difficulty.

5. If the order of contempt of court has been passed by the court that has no jurisdiction
to pass it. Than the disobedience or violation will not amount to contempt of court
being reason that such order passed by court not having jurisdiction is void and binds
nobody.

In case of Krishna Devi Malchand v Bombay Environmental Action Group 22 The

Supreme Court has clarified the legal position and held that if the order is void,
it cannot be ignored by the party aggrieved by it. The litigating party cannot assume
the role of Appellate or Provisional authority in order to say that the order is not
binding upon them. Consequently, if any party feels that the order has been passed by
a court which had no jurisdiction to pass it, he should approach the same court for
seeking such declaration by moving an application for recall of the order. If the
application is rejected, the Appellate Court can be approached for such declaration.

In the case of Dr. H. Puninder Singh v. K.K. Sethi 23, The Supreme Court has held
that if there is any stay order passed by the Appellate Court, the contempt court cannot
proceed., if no interim order is passed by the Appellate Court the court can proceed
and the order of the original court should be complied with subject to any order
passed by the Appellate Court at the final stage.

DEFENCES AVAILABLE IN CASE OF CRIMINAL CONTEMPT

1) Section 324 of contempt of court Act deals with defense of criminal contempt. A
Person cannot be held guilty for criminal contempt when any publication or
distribution of any publication which interferes with pending proceedings. The person
considered for guilty of contempt can some steps such as:

22
Krishna Devi Malchand v Bombay Environmental Action Group (2011) 3. SCC 363.
23
Dr. H. Puninder Singh v K.K. Sethi (1998) 8 SCC 640.
24
The Advocates Act, Section 3.
 a) He may plead under Section 3(1) that at the time of publication, he had no
reasonable ground to believe that the proceeding was pending

b) He may also plead that under Section 3(2) that At the time of publication, no such
proceeding was pending.

c) He may also plead under Section 3(3) that at the time of distribution of
publication, he had no reasonable ground for believing that the matter (published
or distributed by him) contains or was likely to contain any material which will
interfere or obstruct the pending proceeding or administration of justice.

2) Section 4 of this act says that a person cannot be held guilty for contempt if he has
published something which is just fair and reasonable and accurate. 25 Section 726 of
this act says that it’s an exception to general principle that justice should be given or
administered in public. Sub section (1) and (2) of section 7 says that no person can be
held guilty for contempt for publishing the information which is accurate and fair or
any order made in the court in camera in chamber unless the court prohibits
publication of such order or proceeding on the grounds of

a) Public Policy
b) Public Order
c) Security of State
d) Information relation to Secret Process, Discovery or invention

3) Section 5 of this act says that A person cannot be guilty for criminal contempt for
publishing the fair comment on the merits of case which has been already decided.
The Supreme Court has further clarified that fair criticism of the judiciary or the
conduct of a Judge in particular may not amount to contempt if it is made in good
faith and in public interest. 27
25
(Legal Services India July, 2019)< http://www.legalserviceindia.com > Assessed on 2
May, 2020.
26
The advocates Act, Section 7.
27
(Legal Services India July, 2019)< http://www.legalserviceindia.com > Assessed on 2
May, 2020.
 To ascertain the 'good faith' and 'public interest' the Courts have to take into
consideration all the circumstances including the knowledge of the person in the field
of law. A common citizen cannot be permitted to comment upon the Courts in the
name of criticism by seeking the help of Freedom of speech and expression.

In the Case of Arundhati Roy It was found that she have no knowledge or study
regarding the working of the Supreme Court or judiciary of the country so the defense
of fair comment in good faith and public interest taken by her was rejected and she
was punished for criminal contempt

4) Section 628 of this Act says that a person cannot be guilty of contempt of court if any
statement is made by the contemptor in good faith by way of complaint in the
presiding officer of any sub ordinate court to high court or to court which he is
subordinate.

5) Section 1329 of the Act says that “notwithstanding anything contained in any law for
the time being in force, no Court should impose a sentence for Contempt of Court
unless it is satisfied that the Contempt is of such a nature that it substantially
interferes or tends to interfere with the due course of justice.”
6) Section 13(2)30 says that court has permitted truth as justification as a valid defense in
the case of criminal contempt of court and it is satisfied in public interest. Truth is
considered as a defense in public interest and bonafide.

7) If the Act of the person or publication by any person is defamatory attack on judge
with no intention to interfere in administration of justice. It will not be taken as
contempt of court.

The publication of act will amount to contempt of court when it has nexus with the
functioning of judge then it will amount to criminal contempt of court. A person can be liable

28
The Advocates Act, Section 6.
29
The advocates act, Section 13.
30
The advocates act, Section 13(2).
for criminal contempt when the act or publication done by person against judge in his judicial
capacity in exercise of his judicial functions. 31 A defamatory attack on a judge may either be
Libel or Slander and he has discretion to proceed for Defamation in civil, criminal or
simultaneous proceedings against the person concerned but he cannot be punished under
criminal contempt of court. The object of Contempt law is to protect the confidence of the
people in the administration of justice and its object is not to prevent attacks upon the
personal reputation of any individual judge.

REMEDY AGAINST ORDER OF PUNISHMENT

1) Apology: The contemnor may give apology to the court and the court can remit the
punishment awarded for the contempt. If the court is satisfied that apology is made
with real repentance then he cannot be considered guilty for contempt.

In case of M.C. Mehta vs. Union of India 32, The Supreme Court observed that the apology
should not be used as a weapon of defense in case of contempt. An apology will not be
treated as an apology if asked at a time when court is going to impose a punishment.
However, along with apology the defense taken by contemnor can be pleaded. Explanations
to section 12(1) has enabled the contemnor to put forward his defense while pleading
apology as this explanation has provided that apology should not be rejected on the ground
that its qualified or conditional if the accused makes it bonafide. Apology will help the
contemnor if his explanation has been rejected.

In case of Haridas V. Smt. Usharani 33 the apology tendered by contemnor was not found to
be genuine as the contemnor repeatedly tried to assert that whatever he said was correct and
he would prove it. And at the same time he tender apology. His apology was not found to be
genuine and he was punished for contempt.

31
(Legal Services India July, 2019)< http://www.legalserviceindia.com > Assessed on 2
May, 2020.
32
M C Mehta v Union of India [1987] 4 S.C.C. 463.
33
Haridas v Smt. Usharani Appeal (civil) 7948 of 2004.
 2) Appeal: The Contempt of Courts Act, 1971gives the statutory right of appeal against
the orders of High Court which is passed in exercise of its jurisdiction to punish for
contempt of court.
Before 1971, the right of appeal was on dependent on discretion of court and it Was
not by way of right. Section 19(1) gives right of only one appeal. It provides that an
appeal shall lie as of right from any order or decision of the High Court in the exercise
of its jurisdiction to punish for contempt. If the order of punishment has been passed
by single judge of High Court than the right of appeal is given to the division bench of
not less than two judges of High Court. If the order of punishment is passed by a
division bench then appeal will lie in Supreme Court. If the punishment is given by
single judge and then appeal goes to division bench than the right of appeal gets
exhausted in contempt of courts Act.

There is a remedy given under art 136 of constitution and will be available and the
Supreme Court may grant leave to appeal under Article 136. Section 19(4) provides
for period of limitation for preferring appeal.

Section 19(2) deals with the power of Appellate Court during the pendency of appeal.
It provides that during the pendency of the appeal the Appellate Court may pass the
following
1. The execution of the punishment order shall remain suspended.
2. If appellant is under confinement imprisonment, he may be released on bail.
3. The appeal may be heard notwithstanding that the appellant has not perched his
contempt.

Section 19(3) provided that an appeal under section 19 will lie at the instance of the person
aggrieved. A proceeding for contempt is between the court and the contemnor. A person who
brings this application for initiating the proceedings of contempt does not come under
category of aggrieved person so that person has no locus to file an appeal. If the person is
guilty for contempt and appeal will lie under Article 19. But if the person is not found guilty
of contempt and proceedings for contempt is either dismissed or dropped against him then the
person who gave application for initiating proceedings of contempt has no right of appeal
under section 19 of the Act.
In the case of Varda Kant Mishra vs. State of Orissa, it was clarified by Supreme Court
that the decision of High Court has refused to initiate contempt proceedings or dropping the
contempt proceedings or acquitting the contemnor (even if initiated the contempt
proceedings) cannot be challenged by way of appeal under Section 19. It is only the order of
punishment which can be challenged by way of appeal under section 19 of the act.

ROLE OF MEDIA IN HIGHLIGHTING CONTEMPT OF COURT

Media is considered as the fourth pillar of democracy and media has power to mold the
viewpoint of society in any situation. The media has set trend to bring the accused behind the
bars. Media helps to create awareness about the issues so that person who wills complaint
about being cheated can get the support for justice from society at large.

In last decades with the advertisement of cable TV, radio network, internet and other reach of
mass media and its impact on society has increased tremendously. People have started
looking towards new ways of news dissemination as well as towards traditional way of
newspaper and magazines. Freedoms of press also have few responsibilities to look upon.
Social media plays major role to connect people at large.34

Media played a major role in getting justice to the victims of many case like Priyadrshni
Mattoo case, Jessica Lal Case, Nitish Katara Murder Case , Nirbhaya Rape Case. In these
cases without media intervention justice was not possible.
In the cases of contempt of court media played incredible role to bring 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.

CONTEMPT OF COURT CASES

JUSTICE KARNAN V SUPREME COURT

Justice C S Kernan was in news after his appointment as a judge in year 2009. He was
accused of ruthless behavior towards his fellow people and complaints regarding judicial

34
Priyanka Oberoi, Contempt of court in India,
https://www.researchgate.net/publication/339586561_Title_of_the_paper_CONTEMPT_OF_COURT_IN_INDI
A.
System. He has even complained about his fellow judges on ground of being schedule cast
to National Commission. He has also delivered a controversial judgment in June 2013 for the
purpose of marriage and premarital Sex.

Justice Karnan had sentenced Chief Justice of India Jagdish Singh Kehar and 7 other Judges
to 5 year imprisonment after holding them guilty under SC/ST Atrocities Act-1989 and
amended Act of 2015.

On May 9, 2017, A seven judge bench of Supreme court headed by CJI J.S. Khehar directed
that Justice Karnan arrested forthwith. He was found guilty of contempt of court, judiciary
and judicial process. He was becoming a constant threat to disorder to the court & its
proceedings.35

Supreme Court has taken Suo Moto cognizance of Karnan’s misconduct in accusing members
of the judiciary Nepotism, Casteism and corruption during his tenure as a judge in Madras
High Court.
After Justice Karnan get retired on June 12, 2017 and after week of his retirement finally he
was arrested by Kolkata Police from Coimbatore.

CONTEMPT OF COURT: SUPREME COURT SUSPENDS JAIL TERM

AWARDED TO ALLAHABAD HC LAWYER

The Supreme Court has suspended the jail term awarded to Allahabad High Court Lawyer
Advocate Ashok Pande who has been guilty in criminal Contempt for making Allegations
against several High Court Judges. He was awarded punishment for imprisonment for 3
months along with fine of Rs. 2000/- 36

ARUNDHATI ROY CASE

35
Ushinor Majumdar, All you need to know about justice karnan ,
https://www.outlookindia.com/website/story/all-you-need-to-know-about-justice-cs-karnan-
who-now-faces-contempt-charge-by-su/297858 ( July 2017, India).
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( Live law. April.2015)<https://www.livelaw.in>Assessed on May 13,2020.
In march, 2002 the supreme court has 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 judgment. The court
found Roy’s statement which she refused to apologize for as criminal contempt and sentenced
her to a symbolic 1 day imprisonment and fine of Rs 2500.37

CONCLUSION

Anything that curtails or impairs the freedom of limits of the judicial proceedings. Any
conduct that tends to bring the authority and administration of Law into disrespect or
disregard or to interfere with or prejudice parties or their witnesses during litigation.
Consisting of words spoken or written which obstruct or tend to obstruct the administration of
justice.
Section 12 deals with the punishment for contempt of court. It provides as follows: Section
12(1) Save as otherwise expressly provided in this Act or in any other law, a contempt of
court may be punished with simple imprisonment for a term which may extent to 6 months or
a fine

However, in short contempt can be said to be an act or omission which interferes or tends to
interfere in the administration of justice. To constitute contempt, it’s not necessary that there
has been actual interference in the administration of justice. If the act complained of, tends to
interfere or attempts to interfere in the administration of justice, may be taken as contempt.
The expression 'administration of justice' is to be used in a very wide sense. It is not confined
to the judicial function of the judge but includes all functions of judges- administrative
functions.

BRIEF ABOUT AUTHOR

Yashashvi Lohia is pursuing BB.A.LLB (Hons) from National Law University Shimla. She is
currently in her 3rd year. She has published many articles and research papers in the various

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(Live law. April.2015)< https://www.livelaw.in > Assessed on May 13,2020.
legal platforms of India. She has interests in Criminal Law, Contract Law and Family Law.
She shows her keen interest in work related to research and drafting.