Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Court Contempt proceedings Maintainability of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | 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 |
Case Type | Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Contempt of Court Act, 1971:ss. 10A and 15 r/w. Art. 129 of Constitution of India - Contempt proceedings - Maintainability of- For the act of criticizing the report of a Commission constituted under Commission of Inquiry Act, 1952 headed by the sitting Judge of Supreme Court - Held: A Commission appointed under 1952 Act is in the nature of statutory Commission - It is in fact a fact-finding body- It is not required to adjudicate upon the rights of the parties and has no adjudicatory functions - Its findings have no binding effect - Therefore, such Commission is not a Court for the purpose of 1971 Act - Merely because such Commission is headed by a Sitting Judge of Supreme Court, it does not become an extended arm of Supreme Court- The present contempt proceedings could not have been initiated- s. 10A provides for the power of constructive contempt to the Commission by making a reference to the High Court- Contempt proceeding initiated suo motu and u/s. 15 dismissed - Constitution of India, 1950 -Art. 129.s. 13 (as substituted by Act 6 of 2006) - Truth as a defence in contempt proceedings - Held: Courts should permit truth as a defence, if it is satisfied that it is in public interest and the request for invoking said defence is bona fide.Words and Phrases - 'Court' - Meaning of, in the context of Contempt of Courts Act, 1971 - In every Court there must be at least three constituent parts-the 'actor', 'reus' and 'judex' i.e. complainant, defendant and judicial power- A Commission constituted under Commissions of Inquiry Act does not meet the pre-eminent tests of a Court. |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2014 INSC 506 |
Petitioner | Dr. Subramanian Swamy |
Respondent | Arun Shourie |
SCR | [2014] 13 S.C.R. 581 |
Judgement Date | 2014-07-23 |
Case Number | 11 |
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