DEVAN RAMACHANDRAN, M. B. SNEHALATHA
Suo Motu – Appellant
Versus
Yeshwanth Shenoy – Respondent
JUDGMENT :
Devan Ramachandran, J.
Majesty of law never is, nor must be reduced to, a mere claptrap; but to be assuredly exemplified in and by everything Courts do. This is not a daunting task, but an inherent imperative.
2. We commence, being fully cognizant of the limited role that we have to play at this stage.
3. This is because, another learned Bench of this Court had heard this matter in detail and has issued an order on 30.05.2024 – reported as Suo Motu v. Yeshwanth Shenoy [2024 KHC 439], which takes into its fold most of the facts involved, if not all; as also the legal and forensic issues and aspects, as are necessarily and vitally attracted.
4. In order to maintain brevity and avoid prolixity -as is essentially required, we proceed to write as an augment to the order aforementioned, confirming ourselves strictly to the issues not dealt with in it.
5. This contempt case is registered as a suo motu one under Section 15(1) of the Contempt of Courts Act, 1971 [for brevity, 'the Act']. This case has been initiated on the basis of a letter addressed by a learned Judge of this Court to the Hon'ble Chief Justice, on 09.02.2023. The same was taken as an “information” as postulated under
Anup Bhushan Vohra v. Registrar General
J.R. Parashar v. Prasant Bhushan (2001) 6 SCC 735
Madanlal Fakirchand Dudhediya v. Shree Changdeo Sugar Mills Ltd. and Others AIR 1962 SC 1543
Muthu Karuppan v. Parithi Ilamvazhuthi (2011) 5 SCC 496 : AIR 2011 SC 1645
State of Kerala v. M.S.Mani (2001) 8 SCC 82
Ramchandra Keshav Adke & Ors vs Govind Joti Chavare and others 1975 (1) SCC 559
Strict adherence to procedural requirements under the Contempt of Courts Act is essential; defects in initiation cannot be cured, leading to discharge of the respondent.
The court emphasized the necessity of strict adherence to procedural rules in contempt proceedings, particularly regarding the requirement for clear allegations and the proper initiation of actions u....
The court emphasized the necessity of maintaining judicial dignity and the procedural safeguards required in contempt proceedings, highlighting that failure to frame specific charges violates natural....
The court affirmed that public criticisms and unfounded allegations against judges constitute contempt, undermining judicial authority and integrity.
The judgment highlights the gravity of contempt for derogatory statements against judicial authority, emphasizing accountability under the Contempt of Courts Act.
(1) Power to punish for contempt is vested in High Court as an inherent power – Contempt of Courts Act, 1971 does not supersede or abrogate inherent powers vested in it under Article 215 of Constitut....
The court clarified that not all disruptive actions in court constitute contempt; intent and context are crucial in determining criminal contempt.
Judiciary possesses inherent powers under Article 215 to initiate suo motu contempt proceedings, independent of the Contempt of Courts Act, while conduct undermining judicial authority constitutes bo....
The court established that making defamatory allegations against judges constitutes criminal contempt under the Contempt of Courts Act, and reasserted the importance of upholding judicial authority.
Wilful disobedience, as an essential element of civil contempt, requires a high standard of proof beyond reasonable doubt and involves a mental element of intentional, conscious, and calculated condu....
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