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S. M. SUBRAMANIAM, V. SIVAGNANAM
A. Shankar – Appellant
Versus
R. S. Bharathi – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Contempt Petition has been filed under Section 11 of the Contempt of Courts Act, 1971, pleased to initiate proceedings for criminal contempt under Section 15 of the Contempt of Courts Act, 1971, for scandalizing the office of a Judge of this Court in particular and the High Court as an institution in general and for interfering with the administration of justice by attributing bias and impure motives to the orders of this this Court.
As a prelude, we remind, on May 18, 1951, when the provisional Parliament of India (the body that succeeded and had mostly the same composition as been constituent assembly) was debating the first constitutional (Amendment Bill). Dr.B.R.Ambedkar discussed the judgments of the Hon'ble Supreme Court of India in the case of State of Madras vs. Chapakam Dorairajan 1951 AIR 226 and Venkataramana vs. the State of Madras 1966 AIR 1089 and called them “utterly unsatisfactory”. The house chided him for disparaging the Apex Court and Dr.B.R.Ambedkar responded:
A contempt petition under Section 15 of the Contempt of Courts Act is not maintainable without the Advocate General's consent, emphasizing the need for judicial restraint and accountability.
Statements made in good faith about a judicial officer do not constitute criminal contempt, promoting open dialogue and criticism within the justice system.
The publication by the contemnor constituted criminal contempt by scandalizing the court and interfering with the administration of justice, warranting punishment under the Contempt of Courts Act.
Statements undermining the judiciary and attributing improper motives to judges constitute criminal contempt under the Contempt of Courts Act, warranting strict action to uphold judicial authority.
The court found that making unfounded allegations against judges and judicial officers constitutes criminal contempt, undermining public confidence in the justice system.
Attempt to scandalize or lower authority of Court falls under definition of ‘criminal contempt’.
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