Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Contempt |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Contempt of Courts Act, 1971 (70 of 1971) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 |
Case Type | Suo Moto Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Contempt of Court:Criminal Contempt – Suo Motu contempt proceedings bySupreme Court – Against Contemnor No. 1 (an Advocate) on thebasis of two tweets posted by him on Twitter and also againstContemnor No. 2 the Twitter website – Held: A citizen, whileexercising his right u/Art. 19(1) of the Constitution, is entitled tomake a fair criticism of a Judge, Judiciary and its functioning –But, if while exercising such right one exceeds the limit and tends toscandalize the judges and the institution of administration of Justicetends to undermine the dignity and authority of the Court and tendsto shake the public confidence in the judicial institutions, the samewould come within ambit of ‘criminal contempt’ – However, when astatement is made against a judge as an individual, the contemptjurisdiction would not be available – The tweets in question, byContemnor No. 1 which are based on distorted facts cannot be saidto be fair criticism made bona fide in public interest – They have thetendency to shake the confidence of the Public at large in theinstitution of judiciary and the institution of Chief Justice of Indiaand undermining the dignity and authority of the administration ofJustice and hence amount to committing of ‘criminal contempt’ –The Court should be magnanimous when there is criticism of Judgesand/ or of the institution of administration of justice – Butmagnanimity cannot BE extended, to such an extent which mayamount to weakness in dealing with malicious, scurrilous, calculatedattack on the foundation of the institution of the judiciary andthereby damaging very foundation of the democracy – ContemnorNo. 1 is held guilty of criminal contempt – Contemnor No. 2 isdischarged – Constitution of India – Arts. 19(1) and 129.Suo motu contempt proceeding – By Supreme Court – A petitionseeking initiation of contempt proceedings filed before SupremeCourt without seeking consent of Attorney General – The Courttook suo motu cognizance of the matter – Whether the proceedingscan be treated suo motu – Held: The power of Supreme Court forinitiating contempt proceedings is derived from Art. 129 of theConstitution – Such power is not limited by provisions of Contemptof Courts Act, 1971 – For suo motu proceedings, there is norequirement for taking consent of Attorney General – The onlyrequirement is that, the procedure followed is required to be justand fair and in accordance with the principles of natural justice.Constitution of India – Art. 129 – Contempt of Courts Act, 1971 – s.15. |
Judge | Hon'ble Mr. Justice Arun Mishra Hon'ble Mr. Justice Bhushan Ramkrishna Gavai Hon'ble Mr. Justice Krishna Murari |
Neutral Citation | 2020 INSC 489 |
Petitioner | In Re: Prashant Bhushan And Anr. |
Respondent | In Re: |
SCR | [2020] 8 S.C.R. 443 |
Judgement Date | 2020-08-14 |
Case Number | 1 |
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