The Oppressor’s Wrong

GS Paper 2: Judiciary: structure and Functioning

Important for

Prelims exam: Fundamental rights, Provision of contempt of court

Mains exam: Basis of contempt of court, introspection of judicial system

Context

The Madurai bench of Madras High Court convicted a popular YouTuber of criminal contempt and sentenced him to six-month imprisonment for his allegations about corruption in higher judiciary.

What was the case
It is a suo moto contempt of court case against his remarks made on YouTube on July 22 that the “entire higher judiciary was riddled with corruption”.
What is the criticism of this conviction

• Recent experience, as well as public criticism by former judges and legal luminaries, shows that the principal source of public disenchantment with the judiciary is the conduct of courts and judges, so going behind a common man will not suffice the cause of reform in the judicial system.
• Former judges and lawyers routinely pen articles questioning the commitment of the apex court to issues of personal liberty and even hint at complicity and cravenness before the executive.
• In 2018, four judges of the Supreme Court publicly accused the Chief Justice of India of misusing his power as Master of the Roster to influence the outcome of cases.
• These criticisms pointed out the need for introspection of the judicial system.

What is Contempt of Court
Contempt of court, often referred to simply as “contempt”, is the offense of being disobedient to or disrespectful toward a court of law and its officers in the form of behaviour that opposes or defies the authority, justice, and dignity of the court.
Constitutional provision:
The Supreme Court and the High Courts of India have been empowered with the power to penalize contemnor under Articles 129 and 215 of the Constitution of India.
Article 129: Supreme Court to be a court of record
According to article 129, the Supreme 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.
Article 215: High Courts to be courts of record
It states that 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.
Contempt of Court Act, 1971

• In 1961, a committee was set under the leadership of late H N Sanyal, which placed a report stating the study of law, identifying the problems and to protect the dignity of the court from degrading.
• The Contempt of Court Act, 1971 was passed in pursuance of the recommendation of the said committee.

Types of Contempt
Contempt of court can be broadly classified into two categories:

• civil contempt
• criminal contempt
• Civil contempt: Civil contempt means wilful disobedience to any judgement, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court.
• Criminal contempt: 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—
• scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or
• prejudices, or interferes or tends 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;

What type of acts are not considered as contempt of court

• Innocent publication and distribution of matter shall not be considered as contempt.
• Fair and accurate report of judicial proceedings
• Publication of information relating to proceedings in chambers or in camera not contempt.

Punishment for contempt of court

• Punishment for contempt may extend to six months, or with fine which may extend to two thousand rupees, or with both:

Issue related to Contempt of court provision

• The act does not specifically define the term “fair criticism” or “fair comment”.
• The definition of criminal contempt in India is extremely wide.
• Contempt of court compromise freedom of speech and expression under Article 19.
• Criminal contempt is asynchronous with the democratic system which recognises freedom of speech and expression as a fundamental right.

Conclusion
Any conviction for criminal contempt is unwarranted, for nothing can really scandalise a court peopled by judges of integrity or save the image of a compromised institution comprising tainted individuals.