Rohit Chawla Anshika Bhatnagar Priyanka Nigam Diliraj Dhabhole - - PowerPoint PPT Presentation
Presented by : Anjana Tanwar Priya Devwanshi Rohit Chawla Anshika Bhatnagar Priyanka Nigam Diliraj Dhabhole Krishna Rao Raja Bhantia Pema Khandu Meaning Contempt of Court (COC) is nothing but lowering down the prestige of court.
Presented by: Anjana Tanwar Priya Devwanshi Rohit Chawla Anshika Bhatnagar Priyanka Nigam Diliraj Dhabhole Krishna Rao Raja Bhantia Pema Khandu
Contempt of Court (COC) is nothing but
lowering down the prestige of court.
Any conduct that tends to bring the authority
and administration of law into disrespect or disregard or to interfere with or prejudice parties
Essence of respect towards court is the objective of
COC Act.
Rationale behind contempt power Law of COC in India Indian Penal Code and COC
Indian Constitution and COC Later Development in Contempt Laws
Origin and History of contempt power
The Contempt of Courts Act,1971
courts in punishing contempt of courts and to regulate their procedure in relation thereto.
state of Jammu and Kashmir.
Historical Development of The Contempt of Courts Act,1971
to kings and justices
between parties
establishment of Courts of Record
Legislative History
The Contempt of Court Act,1971
The Contempt of Court Act,1952
Revised the definition of “High Court”, the provisions were sound but scope was limited
The Contempt of Court Act,1926
No provision regarding courts subordinate to chief courts and judicial commissioners and for extra territorial jurisdiction of high court
The Contempt of Courts Act,1971-Main Features
contempt (Sec.3)
contempt (Sec. 4)
courts when not contempt- in respect of any statement made by him in good faith (Sec.6)
chambers or in camera - not contempt except in certain cases (Sec. 7 )
Where contempt is in the face of the supreme or a high court
The court may cause such person to be detained in custody, and, at any time before the rising of the court, on the same day, or as early as possible thereafter, shall
a) cause him to be informed in writing of the contempt with which
he is charged;
(b) afford him an opportunity to make his defence to the charge; (c) after taking such evidence as may be necessary or as may be
forthwith or after adjournment, to determine the matter of the charge; and
(d)make such order for the punishment or discharged of such
person as may be just
Hearing of cases of criminal contempt has to be by a bench of not less than 2 judges.
Cognizance of criminal contempt in
The Supreme Court or the High Court may take action on its own motion or on a motion made by
(a) the Advocate-General, or (b) any other person, with the
consent in writing of the Advocate- General
(c) in relation to the High Court for
the Union territory of Delhi, such Law Officer as the Central Government may, by notification in the Official Gazette, specify in this behalf, or any
writing of such Law Officer.
Criminal contempt of a subordinate court
High Court may take action on a reference made to it by the subordinate court on a motion made by :
by such Law Officer as the Central Government may, by notification in the Official Gazette, specify in this behalf.
An appeal shall lie as of right from any order or decision of High
Court in the exercise of its jurisdiction to punish for contempt
where the order or decision is that of a single judge, to a Bench of
not less than two Judge of the court;
where the order or decision is that of a Bench, to the Supreme
Court.
in the case of an appeal to a Bench of the High Court, within thirty days; in the case of an appeal to the Supreme Court, within sixty days, from the
date of the order appealed against.
motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed.
Punishment for contempt of court
A contempt of court may be punished with
six months, or
Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court.
Civil Contempt
Definition
Under Section 2(b) it is defined as “Wilful disobedience to any judgment, direction, order,
given to a court .” In a simple language: “It refers to behavior which disobeys the authority of a court.”
Purpose
implication of an order.
primarily to enforce the order violated and to punish the accused is only of secondary consideration.
damages sustained by reason of non-compliance.
Essentials of civil contempt
the directions of the court is civil contempt.
refuses to do so.
The court asked the apeallant to produce his daughter in a matter of Habbeas Corpus . He made false excuses and did not produce her . He was found guilty.
proceedings were granted against the husband but he did not
who took the plea that no contempt was made out, and wife can take recourse to execution proceedings. It was held that civil contempt was made out and the wife cannot be forced to take recourse to execution proceedings – Immediate relief (Sarla Devi Bharat Kumar
Rungta v. Bharat Kumar Shiv Prasad Rungta)
The court held that ‘when as a result of an order of the high court in a writ petition ,an application for license was to be disposed of by the statutory authority no contempt can be said to be committed merely because there is failure to dispose of the petition’. Any order of the court should give sufficient time for compliance before contempt proceedings can be initiated.
It means the publication i. by words, spoken or written, ii. by signs,
(*) Section 2(C) of Contempt of Courts Act,1971
i. Scandalizes or tends to Scandalize, or lowers or tends to lower the authority of, any court; or ii. Prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or
in any other manner;
I.
Supreme Court of India and High Courts can hear their own contempt and also contempt of all subordinate courts under their jurisdiction
II.
For this purpose, all Civil, Criminal and Revenue Courts, are courts within the meaning of the Contempt of Courts Act
III.
The Central Administrative Tribunal and A.P . State Administrative Tribunal, though are subordinate courts to the High Court but they can hear their own contempt
matter
against presiding
subordinate courts.
information relating to proceeding in chambers or in camera except in certain cases
EXECUTIVE
LEGISLATURE
JUDICIARY
Basic
function
the executive is to implement/enforce laws, policies and rules laid down by the State
Basic function of judiciary is to adjudicate on
breach of laws made by the legislature and direct the executive to carry out the orders required for executing the adjudication process
Problem: Courts of Law Courts of Justice
Impact on Executive Functions
Impact on Executive Functions
Positives :-
Enforcing rule of law habitual Obedience of Laws Ensuring smooth functioning of all the organs of the
state and be an arbiter in case of dispute
smooth completion of judicial process Executive lethargy Addressing gross injustice
Impact on Executive Functions
Negatives:-
Judicial Overreach - Encroachment Judicial T
error – Freedom of Expression
Judicial Dictatorship – Executive Liberty (Mis)appropriation of Power of State –
His Lordship becoming His Majesty !!
Judicial whims & fancies !
OF U.P .
The court asked the appellant to produce his daughter in a matter of Habeas Corpus.He made false excuses and did not produce her.He was found guilty of contempt
UNION OF INDIA V.OSWAL WOLLEN MILLS
The court held that ,“where as a result
petition, an application for license was to be disposed of by the statutory authority no contempt can be said to be committed merely because there is a failure to dispose of the petition.” Any order of the court should give sufficient time for compliance before contempt proceedings can be initiated .
STATE OF A.P . Vs.PRAKASH RAO
A threat held out to judge with a view to obtain favourable order would amount to criminal contempt as interference with administration
threat to judge himself personally
State of Kerala vs. M.S. Mani & Ors., (2001) 8 SCC 82
The Court held that the requirement of obtaining prior consent
criminal contempt is mandatory and failure to obtain prior consent would render the motion non-maintainable. In case, a party obtains consent subsequent to filing of the petition, it would not cure the initial defect and thus, the petition would not become maintainable. Contd.
Bal
Thackrey vs Harish Pimpalkhute AIR 2005 SC 396 The Court held that in absence of the consent of the Advocate General in respect of a criminal contempt filed by a party under Section 15 of the Act, taking suo motu action for contempt without a prayer, was not maintainable.
In rare cases with wide ramifications
Amicus Curiae vs. Prashant Bhushan and Anr (2010) 7 SCC 592,
The Court has considered the earlier judgments and held that in a rare case, even if the cognizance is deemed to have been taken in terms of Rule 3(c) of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, without the consent of the Attorney General or the Solicitor General, the proceedings must be held to be maintainable in view of the fact that the issues involved in the proceedings had far reaching greater ramifications and impact on the administration of justice and on the justice delivery system and the credibility of the court in the eyes of general public.
Pradesh And Ors.[ Air 1995 Sc 548:1994 (6) scc 442]
Undertaking given by Chief Minister of a State both in his personal capacity and on behalf Of his Government
disobedience of order of Courts. Reasonable steps not taken to prevent violation of order of court.
imposed.
Shri Sanjiv Datta, Deputy Secretary, Ministry Of Information & Broadcasting [1995 Scc (3) 619]
Court – where they accused the Court of making mockery of established policy
advocates
firmly, may assume proportion grave enough to sabotage the rule of law.
allegations.
Dr.D.C. SAXENA Vs. HON'BLE THE CHIEF JUSTICE OF INDIA [1996 SCC (7) 216] A Writ petition filed before Supreme Court and was dismissed summarily by the Bench comprising CJ of India as one of the Judges. Petitioner filing a second writ petition against the Chief Justice of India levelling allegations against and imputing motives to the CJI for dismissing his first writ petition- Writ petition containing intemperate language and scurrilous accusations against the CJI-CJI allocating the petition to a Bench for hearing-Writ petition dismissed- Contempt proceedings initiated against the petitioner
Contd..
Held, allegations made in respect of the CJI in performance of his judicial function intended to lower the authority of and respect for the Court and office of the Judge-The allegations scandalize the court and tends to bring authority and administration of justice into disrespect and disregard and tantamount to contempt. Scurrilous abuse of a judge or court, or attacks on personal character of a Judge are acts of contempt. It is duty of the Chief Justice of a Court to assign judicial work to his brother Judges-By assigning the second writ petition to a Bench, CJI would not become a judge in his own cause. Petitioner committed contempt of Court- Sentenced to simple imprisonment for three months.
INDIAN AIRPORTS EMPLOYEES UNION Vs. RANJAN CHATTERJEE & ANOTHER [AIR 1999 SC 880:1999( 2 )SCC 537] Civil contempt-Wilful disobedience - Supreme Court directed regularization of workmen upon abolition of contract labour system. However, certain workmen were not regularised
Held, in order to amount to "civil contempt" disobedience must be "wilful“. If disobedience is based on interpretation of court's order, notification and other relevant documents it does not amount to wilful . “ It is well settled that disobedience of orders of Court, in order to amount to `civil contempt' under Section 2(b) of the Contempt of Courts Act, 1971 must be `wilful' and proof of mere disobedience is not sufficient. Where there is no deliberate flouting of the orders of the court but a mere misinterpretation of the executive instructions, it would not be a case of Civil Contempt.”
Contempt of Court: The case of Bhutan