
Allahabad High Court imposes Rs 2000 fine on man for false corruption allegations against judges
The contemnor has scandalised and lowered down the authority of the Court, which amounts to interference in the administration of justice.
The contemnor has scandalised and lowered down the authority of the Court, which amounts to interference in the administration of justice.
The cause of action to file the present petition arose when respondent 1 failed to pay the balance amount to the petitioner by 31-12-2012 as per clause (vi) of the compromise agreement based on which the consent decree dated 01-06-2009 was passed.
“The affidavit raising the preliminary objection stated- That as the two Judges of Larger Bench have already disagreed with the view of the earlier Division Bench, their presence in the Full Bench will be a hindrance for an independent and open mind hearing. The point of law/question of law referred to be determined cannot be fair and unbiased. That, in this premises, the view of a third Judge will be immaterial as the disagreed view of the two judges will prevail. It is just like loosing of the case by the sole respondent is preordained.”
“Criminal contempt is primarily a matter between the Court and the contemner and not a matter between a citizen and the contemner”.
The contemnor used the filing of the writ petition as another weapon in his armour to try and get the price reduced for the land. Such conduct of any person to abuse the judicial process cannot be ignored or left unpunished.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on contempt of court.
The Court stated that the contempt jurisdiction should not be exercised lightly at the drop of a hat. It ought to be invoked only in rare or exceptional cases where there is interference with administration of justice or such action amounts to scandalizing or lowering the authority of the Court.
“Petitioner appears to have taken a wrong end of law, aggrieved against adverse orders passed by the Judicial Officers of the District Courts as well as this Court and cannot be permitted to cross the red line, thereby making personal attack on the Judges which undermines the integrity of the Institution.”
“An advocate has to fearlessly uphold the interest of his client by all fair and honourable means without regard to any unpleasant consequences to himself or any other, but he must exercise restraint in using intemperate language during arguments in the Court.”
“Instances of this kind pose a serious challenge to the very functioning of the judicial system and the incident has to be viewed seriously”
The contemnors apologised and stated that the entire incident is quite unfortunate and though facts have been misrepresented before the instant Court, however, they do not intend to disobey the orders of the Court and that the respondents have great respect for the Court.
The present contempt proceedings are pending adjudication since 2006 and all the alleged Contemnors have expressed their deep remorse and have stated that they have the utmost respect for the institution of judiciary and that it was never their intention to cause any distress or to do anything that could be construed as undermining the majesty and dignity of the Court of Law.
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by B. Shravanth Shanker† and Monalisa Kosaria††
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Orissa High Court: The division bench comprising of S. Talapatra and S.K. Panigrahi, JJ. directed for the issue of notice
Delhi High Court: Amit Bansal, J., expressed that Just because the photograph of the summons were sent by the plaintiff to the
Supreme Court: The Division Bench of R. Subhash Reddy* and Hrishikesh Roy, JJ., held that once the fresh notification is issued by
by Nihit Singhal†