AI Overview...
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Divine Detachment - Courts are expected to maintain impartiality by avoiding extraneous influences such as politics and policies. Newspaper articles criticizing decisions should not cross into attributing improper motives or attacking the dignity of the judiciary. The Supreme Court has emphasized that criticism is acceptable when it preaches divine detachment but becomes contempt when it affects the dignity of the court State VS Rajeshwari Prasad - Allahabad, The State VS Raghubir Sahai Kaithwar - Allahabad, Advocate General, A. P. , Hyderabad VS S. N. A. Nazareth - Andhra Pradesh.
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Criticism and Limits - While judges are mortal, their role is described as 'truly divine,' requiring them to perform functions of high integrity. Criticism that attributes improper motives or undermines their impartiality transgresses acceptable limits and can affect the court's dignity and prestige Perspective Publications Private LTD. VS State Of Maharashtra - Supreme Court, STATE OF GUJARAT VS S. O. TRIVEDI - Gujarat, SURYA PRAKASH KHATRI VS MADHU TREHAN - Delhi.
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Legal Principles - The courts have reaffirmed that criticism should be rooted in fair and bona fide observations. Attacks that go beyond criticizing extraneous considerations and target the integrity of judges are viewed as contempt of court and threaten the majesty of law The State VS Raghubir Sahai Kaithwar - Allahabad, S. A. Sinha VS Leo Rebello - Crimes, S. A. Sinha, Metropolitan Magistrate VS Leo Rebello - Bombay.
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Overall - The concept of divine detachment underscores the ideal of judicial impartiality and integrity. While criticism is permissible, it must not undermine the dignity, independence, or impartiality of the judiciary. Maintaining this balance is crucial for the proper functioning of the legal system LOKANATH MISHRA VS STATE OF ORISSA - Orissa.
References: - State VS Rajeshwari Prasad - Allahabad, The State VS Raghubir Sahai Kaithwar - Allahabad, Advocate General, A. P. , Hyderabad VS S. N. A. Nazareth - Andhra Pradesh, Perspective Publications Private LTD. VS State Of Maharashtra - Supreme Court, Haridas Das VS Smt. Usha Rani Banik. - Supreme Court, STATE OF GUJARAT VS S. O. TRIVEDI - Gujarat, LOKANATH MISHRA VS STATE OF ORISSA - Orissa, S. A. Sinha VS Leo Rebello - Crimes, S. A. Sinha, Metropolitan Magistrate VS Leo Rebello - Bombay, SURYA PRAKASH KHATRI VS MADHU TREHAN - Delhi
Search Results for "Divine Detachment"
1966 0 Supreme(All) 56 • India - Allahabad
J.N.TAKRU
In the former case the Supreme Court, held that, ... "Where a newspaper article while criticising a Supreme Court decision not merely preached the Courts of law the sermon of divine detachment from extraneous considerations such as politics and policies but also proceeded to attribute
1966 0 Supreme(All) 192 • India - Allahabad
GYANENDRA KUMAR
... Mahajan, J. delivering the judgment of the court said: ... "No objection could have been taken to the article had it merely preached to the Courts of law the sermon of divine detachment. ... Politics and policies have no place in the pure region of the law; and courts of law would serve the country and the constitution better by discarding all extraneous considerations and uncompromisingly observing divine detachment, which is the glory of law and the guarantee of justice."
1997 0 Supreme(AP) 1105 • India - Andhra Pradesh
V.BHASKARA RAO, V.RAJAGOPALA REDDY
Arabinda Bose, AIR 1953 SC 75, where a newspaper articles, while criticising a Supreme Court decision not merely preached the Courts of law the sermon of divine detachment from extraneous considerations, such as politics and policies but also proceeded to attribute improper
1968 0 Supreme(SC) 341 • India - Supreme Court
J.C.SHAH, V.RAMASWAMI, A.N.GROVER
This is what was said by Mahajan J., (as he then was) speaking for the court: ... "No objection could have been taken to the article had it merely preached to the courts of law the sermon of divine detachment But when it proceeded to attribute improper motives to the Judges, it not
2007 5 Supreme 265 • India - Supreme Court
ARIJIT PASAYAT, D.K.JAIN
Arabinda Bose,17 (AIR 1953 SC 75), observed as follows : ... “No objection could have been taken to the article had it merely preached to the Courts of law the sermon of divine detachment. ... Judges are mere mortals, but they are asked to perform a function which is truly divine. ... 27.What is contempt of Court has been stated in lucid terms by Oswald in Classic “Book on Contempt of Court”.
1980 0 Supreme(Guj) 149 • India - Gujarat
K.G.SHAH, M.S.PARIKH
detachment 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. ... Arabinda Bose and Anr. reported in AIR 1953 S C 75 the Constitutional Bench of the Apex Court has ruled as under in respect of the impugned article that appeared in the Times of India dated 30"no objection could have been taken to the article had it merely preached to the Courts of law the sermon of divine
1999 0 Supreme(Ori) 97 • India - Orissa
P.C.NAIK, ARIJIT PASAYAT
"no objection could have been taken to the article had it merely preached to the Courts of law the sermon of divine detachment. ... It is often said that to forgive is noble and to forget is divine. Majesty of law continues to hold its head high notwithstanding such scurrilous attacks made by persons who feel the law Courts will absorb anything and every thing, including attacks on their honesty, integrity and impartiality.
• India - Crimes
V.M.KANADE, REVATI MOHITE DERE
In the former case the Supreme Court, held that, “Where a newspaper article while criticising a Supreme Court decision not merely preached the Courts of law the sermon of divine detachment from extraneous considerations such as politics and policies but also proceeded to attribute
2016 0 Supreme(Bom) 297 • India - Bombay
V.M.KANADE, REVATI MOHITE DERE
In the former case the Supreme Court, held that:- ... “Where a newspaper article while criticising a Supreme Court decision not merely preached the Courts of law the sermon of divine detachment from extraneous considerations such as politics and policies but also proceeded to attribute
2001 0 Supreme(Del) 717 • India - Delhi
O.P.DWIVEDI, ARIJIT PASAYAT, ARUN KUMAR, D.K.JAIN, A.D.SINGH
Arabinda Bose, AIR 1953 SC 75, ob- served as follows:- ... "no objection could have been taken to the article had it merely preached to the Courts of law the sermon of divine detachment. ... " ... ( 18 ) IT is often said that to err is human but to forgive is noble and to forget is divine. ... They repeatedly do what rest of us (the people) Seek to avoid, make decisions, said David Pannick in his book "judges", Judges are mere mortals, but they are asked to performa function which is truly divine.
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