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2006 Supreme(Del) 1930

SWATANTER KUMAR, G.S.SISTANI
COURT ON ITS OWN MOTION – Appellant
Versus
GULSHAN BAJWA – Respondent



SWATANTER KUMAR, J.

( 1 ) THE meaning of the expression 'contempt' in normal parlance is an act of state of despising, the conduct that defies the authority or dignity of a court. It is so because such conduct interferes with the administration of justice and is liable to be punished. Even in its liberal construction, it conveys a strong feeling of combined dislike and lack of respect. In order to protect the dignity of Court and ensure proper administration of justice, the legislature has enacted 'the Contempt of Courts Act', which deals with the various situations and varied conduct of parties, counsel or any person to ensure that the orders of the court are implemented and administration of justice is not hampered. Every citizen has a Fundamental Right of personal liberty and freedom of expression. Despite such Right, this Act granted jurisdiction to the court to punish for contemptuous behaviour made in writing or verbally. While reasonably protecting these rights and circumventing the court's jurisdiction to punish for contempt, the initial Contempt of Courts Act, 1926 was replaced by the 1971 Act. The Legislature intended to caution the courts that even where prima facie a c















































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