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Contempt of Court - Coggle Diagram
Contempt of Court
Intro
Def
Objective for contempt
safeguard the interest of the public
authority of court is denigrated
public confidence in admini of justice
weakened or eroded
CI
Under Article 129-142
Consti the SC vested
Power to punish
for contempt of court and itself
Court
required to be magnanimous
criticism made
on judges or
institution of administration of justice
CON
GI
Revisit the need for law on criminal contempt
test for contempt needs to be evaluated
Protect the sanctity of the justice delivery system
Balance are more imp
rights and freedom of Individuals
Global legal system
contempt of court
no longer
criminal offence
but only a civil offence
punishable with fines
India should also move towards this direction
DOP
Freedom of speech
fundamental right
guaranteed to every Indian citizen
Under 19(1) consti
albeit
reasonable restriction
under 19(2)
MB
BP/GE/IS
Contempt of court law
most controversial elements
in Indian legal context
basic
to punish who don't respect the orders of courts
Now
used to punish speech that lower- dignity of court
interferes- admini of justice
Reason
because enshrined in the consti
high level of discretionary elements for HC&SC
Contempt of court ACT
Lay down procedures for contempt proceedings
SC not fully bound by the Act
draws in article 129 of the consti
consti include reasonable restriction
Art-19, freedom of speech and expression
public order and defamation
Against SC stand
In
Prashant Bhushan
case
Offence
Scandalising the court
cannot be considered
under article 19(2)
which permitted
reasonable restriction
on free speech
Arifically Prevent
any effort to artificial prevent free speech
will only exacerbate the situation further
Judge
himself acts as
prosecutor and victim
start with guilty
rather than innocence
Contempt of Court problem is
Unique Ideas/Examples
America
courts no longer use the law of contempt
response to comments on judges or legal matters
Canada
Canada ties its test
for contempt to real substantial
immedediate dangers to Admini
damaging foundation of democracy
magnanimity
cannot be stretched
to such an extent
may weakness
in dealing with
malicious, calculated attack on
foundation of Institution of Judiciary
such an attack
cannot dealt with
degree of firmness
crucial for healthy democracy
need fearless and impartial
court of justice
confidence in them
cannot be impaired
by malicious attack
CJ and IMP cases
C.K. Daphtary vs.O.P Gupta (1971)
SC held existing law of criminal contempt
one such reasonable restriction
does not mean
cannot express one´s ire
against Judiciary
for fear of contempt
Lord Denning M.R. Guidelines
Contempt is not means
to uphold the court´s dignity
jurisdiction exercised sparingly
protection of freedom of speech
is paramount
Criticism
comment made
against the judge
by an individual
court consider
whether comment seeks
to interfere with
the judge´s administration
S.Mugaonkar vs Unknown (1978)
SC held judiciary
cannot be immune
from fair criticism
contempt action raise only
when an obvious misstatement
with malicious intent
seeks to bring down
public confidence in the courts
or seeks to influence the courts
Called
The Mulgaonkar principles