Very Important Point
The respondent is guilty of Criminal Contempt u/s. 2(c) of Contempt of Courts Act and is punishable u/s. 12 of the Act with sentence of simple imprisonment for one day and to pay fine of Rs. 2000/-. In case of default to pay fine to undergo simple imprisonment for 3 months.

Headnote:Contempt of Courts Act—Sections 2(c) and 12—Constitution of India—Articles 19, 129, 215—Suo Motu Contempt Petition by Apex Court on the offending portion of Arundhati Roy affidavit scandalising the Court (See Para 7)—Preliminary objection that one of the Judges should not be a member of Bench—Rejected (See Para 13)—Narmada Bachao Andolan—Supreme Court’s judgment to increase the height of dam—Dharna outside Court—Contumacious comments made on judiciary—Show cause—Offending affidavit and respondent arguments to drop the proceedings—Rejected—(Paras 15 to 30)—Whether respondent has committed criminal contempt? (Yes)—Is she punishable u/s. 12 of the Act? (Yes)—Whether any leniency be shown? (No)—What sentence be passed?—Simple imprisonment for one day and fine of 2000/- in default to pay fine simple imprisonment for 3 months—Case law referred.
Held : We are not impressed with any of the arguments of the learned counsel for the respondent which could persuade us to drop the proceedings and are of the opinion that it has to be found on facts as to whether the offending portion of the affidavit of the respondent amounts to scandalising the court and thus a criminal contempt within the meaning of Section 2(c) of the Act. In the offending portion of her affidavit, the respondent has accused the court of proceeding with absurd, despicable and entirely unsubstantiated petition which, according to her, amounted to the court displaying a disturbing willingness to issue notice. She has further attributed motives to the court of silencing criticism and muzzling dissent by harassing and intimidating those who disagree with it. Her contempt for the court is evident from the assertion “by entertaining a petition based on an FIR that even a local police station does not see fit to act upon, the Supreme Court is doing its own reputation and credibility considerable harm”. In the affidavit filed in these proceedings, the respondent has reiterated what she has stated in her earlier affidavit and has not shown any repentance. She wanted to become a champion to the cause of the writers by asserting that persons like her can allege anything they desire and accuse any person or institution without any circumspection, limitation or restraint. Such an attitude shows her persistent and consistent attempt to malign the institution of the judiciary found to be most important pillar in the Indian democratic set up. This is no defence to say that as no actual damage has been done to the judiciary, the proceedings be dropped. The well-known proposition of law is that it punishes the archer as soon as the arrow is shot no matter if it misses to hit the target. The respondent is proved to have shot the arrow, intended to damage the institution of the judiciary and thereby weaken the faith of the public in general and if such an attempt is not prevented, disastrous consequences are likely to follow resulting in the destruction of rule of law, the expected norm of any civilised society. On the basis of the record, the position of law our findings on various pleas raised and the conduct of the respondent, we have no doubt in our mind that the respondent has committed the criminal contempt of this Court by scandalising its authority with malafide intentions. The respondent is, therefore, held guilty for the contempt of court punishable under Section 12 of the Contempt of Courts Act. As the respondent has not shown any repentance or regret or remorse, no lenient view should be taken in the matter. However, showing the magnanimity of law by keeping in mind that the respondent is a woman, and hoping that better sense and wisdom shall dawn upon the respondent in the future to serve the cause of art and literature by her creative skill and imagination, we feel that the ends of justice would be met if she is sentenced to symbolic imprisonment besides paying a fine of Rs. 2000/-. While convicting the respondent for the contempt of the Court, we sentence her to simple imprisonment for one day and to pay a fine of Rs. 2,000/-. In case of default in the payment of fine, the respondent shall undergo simple imprisonment for three months. (Paras 31 to 35)

Judgment

Sethi, J.—‘Rule of Law’ is the basic rule of governance of any civilised democratic polity. Our Constitutional scheme is based upon the concept of Rule of Law which we have adopted and given to ourselves. Everyone, whether individually or collectively is unquestionably under the supremacy of law. Whoever the person may be, however high he or she is, no-one is above the law notwithstanding how powerful and how rich he or she may be. For achieving the establishment of the rule of law, the Constitution has assigned the special task to the judiciary in the country. It is only through the courts that the rule of law unfolds its contents and establishes its concept. For the judiciary to perform its duties and functions effectively and true to the spirit with which it is sacredly entrusted, the dignity and authority of the courts have to be respected and protected at all costs. After more than half a century of independence, the judiciary in the country is under a constant threat and being endangered from within and without. The need of the time is of restoring confidence amongst the people for the independence of judiciary. Its impartiality and the glory of law has to be maintained, protected and strengthened. The confidence in the courts of justice, which the people possess, cannot, in any way, be allowed to be tarnished, diminished or wiped out by contumacious behaviour of any person. The only weapon of protecting itself from the onslaught to the institution is the long hand of contempt of court left in the armoury of judicial repository which, when needed, can reach any neck howsoever high or far away it may be. In In Re: Vinay Chandra Mishra (the alleged contemner) [AIR 1995 SC 2348] this Court reiterated the position of law relating to the powers of contempt and opined that the judiciary is not only the guardian of the rule of law and third pillar but in fact the central pillar of a democratic State. If the judiciary is to perform its duties and functions effectively and true to the spirit with which they are sacredly entrusted to it, the dignity and authority of the courts have to be respected and protected at all costs. Otherwise the very corner-stone of our constitutional scheme will give way and with it will disappear the rule of law and the civilized life in the society. It is for this purpose that the courts are entrusted with extraordinary powers of punishing those who indulge in acts, whether inside or outside the courts, which tend to undermine the authority of law and bring it in disrepute and disrespect by scandalising it. When the court exercises this power, it does not do so to vindicate the dignity and honour of the individual judge who is personally attacked or scandalised, but to uphold the majesty of the law and of the administration of justice. The foundation of the judiciary is the trust and the confidence of the people in its ability to deliver fearless and impartial justice. When the foundation itself is shaken by acts which tend to create disaffection and disrespect for the authority of the court by creating distrust in its working, the edifice of the judicial system gets eroded.

2. No person can flout the mandate of law of respecting the courts for establishment of rule of law under the cloak of freedoms of speech and expression guaranteed by the Constitution. Such a freedom is subject to reasonable restrictions imposed by any law. Where a provision, in the law, relating to contempt imposes reasonable restrictions, no citizen can take the liberty of scandalising the authority of the institution of judiciary. Freedom of speech and expression, so far as they do not contravene the statutory limits as contained in the Contempt of Courts Act, are to prevail without any hindrance. However, it must be remembered that the maintenance of dignity of courts is one of the cardinal principles of rule of law in a democratic set up and any criticism of the judicial institution couched in language t

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2002 Supreme(SC) 315

Very Important PointThe respondent is guilty of Criminal Contempt u/s. 2(c) of Contempt of Courts Act and is punishable u/s. 12 of the Act with sentence of simple imprisonment for one day and to pay fine of Rs. 2000/-. In case of default to pay fine to undergo simple imprisonment for 3 months.

Cases Referred (12)

Very Important Point
The respondent is guilty of Criminal Contempt u/s. 2(c) of Contempt of Courts Act and is punishable u/s. 12 of the Act with sentence of simple imprisonment for one day and to pay fine of Rs. 2000/-. In case of default to pay fine to undergo simple imprisonment for 3 months.