AI Overview...
- Bona Fide Criticism -
Main points and insights: - Bona fide criticism of courts or judgments is permissible, especially when it is fair, reasonable, and not motivated by malice or dishonesty Aswini Kumar Ghose VS Arabinda Bose - Supreme Court, Kantaru Rajeevaru VS Indian Young Lawyers Association Thr. Its General Secretary - Supreme Court, Vincent Panikulangara VS V. R. Krishna Iyer - Crimes, State VS Rajeshwari Prasad - Allahabad, STATE VS NITYANANDA MOHAPATRA - Orissa.
- Criticism that attributes improper motives to judges, or that transgresses the limits of fair and bona fide critique, tends to affect the dignity and prestige of the court and can constitute contempt of court Aswini Kumar Ghose VS Arabinda Bose - Supreme Court, [Manik Chand Gupta
VS Virendra Kumar - Allahabad](https://supremetoday.ai/doc/judgement/02500038838), LOKANATH MISHRA VS STATE OF ORISSA - Orissa.
- Personal attacks, or criticism that seeks to undermine judicial authority by encouraging obstruction or defiance, are not protected under the right to free speech and are considered unlawful LOKANATH MISHRA VS STATE OF ORISSA - Orissa, A. S. Shivankar VS K. K. V. Kurup - Bombay, Roshan Lal Ahuja VS ABC - Supreme Court.
- After judgments are delivered, fair and bona fide criticism remains permissible; however, during pendency of cases, criticism is more likely to be considered contemptuous unless it is objective and justified STATE VS NITYANANDA MOHAPATRA - Orissa.
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The judiciary recognizes the importance of balancing free criticism with respect for judicial dignity, emphasizing that criticism should not overstep into misconduct or contempt Kantaru Rajeevaru VS Indian Young Lawyers Association Thr. Its General Secretary - Supreme Court, XXX XXX VS In Re - Utpal Goswami Advocate, Jorhat Bar Association - Crimes.
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Analysis and Conclusion:
Bona fide criticism is an essential aspect of judicial accountability and free speech, provided it remains within reasonable bounds and does not attribute improper motives or incite contempt. Criticism that is fair, objective, and based on facts is protected, whereas personal attacks, false accusations, or comments that undermine the judiciary’s dignity are unlawful and can lead to contempt proceedings. The courts uphold the right to criticize judicial work but emphasize the importance of maintaining respect for judicial authority and integrity.
Search Results for "Bona Fide Criticism"
1952 0 Supreme(SC) 97 • India - Supreme Court
N.H.BHAGWATI, S.R.DASS, N.CHANDRASHEKAR AIYAR, M.C.MAHAJAN, B.K.MUKHERJEE
fide criticism and has tendency to affect the dignity and prestige of Court. ... MOTIVES ATTRIBUTED TO JUDGES ... -held, it exceeds limit of fair and bona ... But when it proceeded to attribute improper motives to the Judges, it not only transgressed the limits of fair and bona fide criticism but had a clear tendency to affect the dignity and prestige of this Court. The article in question was thus a gross contempt of Court. ... of justice and are genuinely exercising a right of #HL....
1999 0 Supreme(Ori) 97 • India - Orissa
P.C.NAIK, ARIJIT PASAYAT
fide criticism but were personal attacks on the Judge and the court. ... fide criticism but were personal attacks on the Judge and the court. ... protected by the freedom of speech and expression guaranteed under Article 19 of the Constitution of India, as they were not fair and bona ... A mere perusal of the statement in question bears no manner of doubt that what was stated and later published can, under no stretch of imagination, be said to be a fair and bona fide ....
• India - Crimes
KALYAN RAI SURANA, DEVASHIS BARUAH
fide criticism – Unconditional apology tendered by contemnor is not found sufficient to dilute/ denude fierce intensity by which ... judicial proceeding from one Court to another Court, which amounts to forum hunting – Contemnor had overstepped limit of fair and bona ... Therefore, on the ground that the respondent-contemnor had overstepped the limit of fair and bona fide or reasonable criticism, the then learned District Judge, Jorhat had made a reference to this Court under Section 1....
1966 0 Supreme(All) 56 • India - Allahabad
J.N.TAKRU
the limits of fair and bona fide criticism but has a clear tendency to affect the dignity and prestige of the Court and consequently ... Revashankar to hold that criticism which attributes 'improper motives' to a Judge in the conduct of his judicial work not only transgresses ... Thus a criticism which attributes 'improper motives' to a Judge in the conduct of his judicial work not only transgresses the limits of fair and bona fide criticism but has ....
2006 0 Supreme(Bom) 1694 • India - Bombay
NARESH H.PATIL, B.H.MARLAPALLE
. - The acts of the respondent cannot be termed as bona fide criticism of the Courts’ working so as to give him the benefit of Section ... The acts of the respondent cannot be termed as bona fide criticism of the courts' working so as to give him the benefit of Section 6 of the Act. ... The Court must, therefore, harmonise constitutional values of free criticism and the need for a fearless curial process and its presiding functionary, the Judge. ... So the nation's in....
2019 0 Supreme(SC) 1260 • India - Supreme Court
ROHINTON FALI NARIMAN, D. Y. CHANDRACHUD, RANJAN GOGOI, A. M. KHANWILKAR, INDU MALHOTRA
(Para 45, 63, 65) (p) Administration of justice - Criticism of judgments - Supreme Court - Bona fide criticism ... Bona fide criticism of a judgment, albeit of the highest court of the land, is certainly permissible, but thwarting, or encouraging persons to thwart, the directions or orders of the highest court cannot be countenanced in our Constitutional scheme of things. ... Criticism need not be stilled. Active obstruction or defiance is barred. ......
• India - Crimes
P.SUBRAMONIAN POTI, K.S.PARIPOORNAN
Judged in the perspective of what have explained earlier we see no reason to consider his criticism, coming as it does from a person whose bona fides in the cause of judiciary is not open to doubt, as mala fide or dishonest. 19. ... Absence of objectivity must necessarily reflect upon the bona fides of the criticism. 16. It will be useful to refer to the views expressed by the Judges of the Court of Appeal in England in the famous case R. v. ... J. in the same case may now be read: "The authority and ....
1992 0 Supreme(SC) 1045 • India - Supreme Court
M.N.VENKATACHALIAH, S.C.AGRAWAL, A.S.ANAND
We are satisfied that the criticism by the contemner in this latest communication also is motivated and a calculated attempt to bring ... No litigant can be permitted to overstep the limits of fair, bona fide and reasonable criticism of a judgment and bring the courts generally in disrepute or attribute motives to the Judges rendering the judgment. ... Judgments of the court are open to criticism. Judges and courts are not unduly sensitive or touchy to fair and reasonable criticism of ....
1978 0 Supreme(All) 689 • India - Allahabad
B.N.KATJU, V.N.MISRA
Arbinda Bose: ... But when it proceeded to attribute improper motives to the Judges, it not only transgressed the limits of fair and bona fide criticism but had a clear tendency to affect the dignity and prestige of this Court.
1959 0 Supreme(Ori) 68 • India - Orissa
J.K.MISRA
When a cause is pending and during its pendency, any criticism is made of the case, however fair or bona fide, that does not save one from contempt; it is only the fair and bona fide criticism of a case after the case has been over, which is permissible. ... Justice Barman on the validity of the Ordinance, that would possibly come within the ambit of fair and bona fide criticism. But to say that Mr. ... So, I have no hesitation to h....
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