TABLE OF CASES XXXVI
CHAPTER I : INTRODUCTION
Structure of the book 2
CHAPTER II : THE CONCEPT OF CONTEMPT
Bulwark of Justice 3
Definition of Contempt 4
Sanyal Committee on Definition and
Classification of Contempt 5
Object of Contempt Law 7
Some instances of Contempt of Court 8
Civil and Criminal Contempts-Some aspects 16
Courts of Record 17
Contempt of Courts Acts 19
Discretion of Court 19
Apology 20
Is summary jurisdiction necessary 21
Historical background of the summary power 23
Tagore Law Lectures (1955) by Justice
William O. Douglas, U.S.A. 28
CHAPTER III : CONSTITUTIONAL ASPECTS OF CONTEMPT OF COURT
PART A
The Judiciary 31
The Indian Constitution of 1950:
Constitutional provisions in re contempt 31
Legislative Power 32
Court 32
Existing Law in India 33
Sanyal Committee on constitutional
provisions relating to contempt 34
Does the existing Law of Contempt
satisfy the test of reasonableness 35
American test of `clear and present
danger' v. Indian reasonable restrictions 36
Article 19(1)(a) and freedom of Press 38
Freedom to commit contempt 39
What is `existing law' in
Article 19(2) relating to contempt 40
Supreme Court as a Court of Record 41
Court of Record 41
Power to punish contempt 43
The provision in Article 129
and scandalising court 46
Contempt of the Supreme Court 47
Constitutional validity of Contempt law 50
High Court as Court of Record 54
The provision in Article 215
and scandalising the Court 56
Power of court to punish contempt 61
Transfer of contempt proceedings 63
Nature of proceedings and appeal 64
Jurisdiction of High Court 65
Article 215-Inherent power-Suo motu action in contempt 69
Can contemner question jurisdiction of Court 70
Power of superintendence of High Courts 71
The provision in Article 227 72
What amounts to contempt 73
Can the High Court exercise powers to punish
contempt of Industrial Tribunals? 73
Tribunals, arbitrators and other bodies-If courts 75
Powers of Tribunals in relation to contempt 78
Can there be contempt of a Tribunal "functus officio''? 79
"All Courts and Tribunals'' 80
Does Article 227 enlarge jurisdiction of the High Court
under the Contempt of Courts Act of 1971? 82
Appeals and suits 83
Are proceedings in contempt of criminal nature?
Can Articles 132, 133 and 134 be invoked? 86
When certificate under Article 134(1)(c) can be granted? 88
Special leave to appeal under Article 136 89
Is ridiculing a Judge in Parliament contempt of court? 90
Does the pardoning power of the President
under the Constitution extend to contempt of courts? 94
PART B
What is Contempt of Legislature? 95
Provisions relating to the Legislature 96
Contempt of Parliament 99
Article 19(2) read with Article 194 99
The ratio decidendi in M.S.M. Sharma case 100
In re Special Reference 1 of 1964 104
The Final Verdict of the Supreme Court in 1964 105
Courts' interpretative jurisdiction does not
affect the dignity and autonomy of Parliament 108
Courts can be relied upon to do their duty in
safeguarding the powers of the Legislature 110
CHAPTER IV : STATUTORY LAW OF CONTEMPT
Contempt of Courts Act, 1971 112
Objects and Reasons of Act 12 of 1926 130
Statement of Objects and Reasons of Act 32 of 1952 131
Contempt of court before and after Constitution 132
Profile of the 1971 Act 133
THE CONTEMPT OF COURTS ACT 1971 (70 OF 1971)
Short title and extent 134
Definitions 170
Innocent publication and distribution
of matter not contempt 296
Fair and accurate report of
judicial proceeding not contempt 322
Fair criticism of judicial act not contempt 324
Complaint against presiding officers of
subordinate courts when not contempt 325
Publication of information relating
to proceedingsin chambers or in camera not
contempt except in certain cases 328
Other defences not affected 331
Act not to imply enlargement of scope of contempt 332
Power of High Court to punish contempts of subordinate courts 333
Power of High Court to try offences committed
or offenders found outside jurisdiction 346
Punishment for contempt of court 349
Contempts not punishable in certain cases 402
Procedure where contempt is in the face
of the Supreme Court or a High Court 431
Cognizance of criminal contempt in other cases 437
Contempt by Judge, magistrate
or other person acting judicially 456
Procedure after cognizance 465
Hearing of cases of criminal contempt to be by Benches 472
Appeals 474
Limitation for actions for contempt 491
Act not to apply to Nyaya Panchayats or other village courts 499
Act to be in addition to, and not in derogation
of, other laws relating to contempt 499
Power of Supreme Court and High Courts to make rules 500
Repeal 503
CHAPTER V : OTHER STATUTORY PROVISIONS RELATING TO CONTEMPT
Other Statutes 524
The Indian Penal Code-Provisions 525
Ingredients of Section 228 529
When action lies under Section 228, IPC 530
Court alone can take action under Section 228, IPC 536
Offences under Sections 175, 178, 179 and 180, IPC 537
Provisions in CrPC, 1973 setting the procedure 539
The import of Sections 71 and 195, CrPC, 1973 541
Procedure in cases arising under Section 195, CrPC 545
Prosecution for contempt of public
authority under Section 195, CrPC 547
Procedure in certain cases of contempt 548
Section 345(1) of 1973 Code vis-a-vis
Section 480 of 1898 Code 552
Record of proceedings 553
Where the case has to be dealt with
under Section 346, CrPC, 1973 554
Apology under Section 348, CrPC, 1973 555
Refusal to answer or produce document 556
Punishment for non-attendance of witness 556
Appeals in contempt cases 557
What Judges can try contempt other than `ex facie' 558
Relevant sections of CPC, Order 39, Rules 2 and 2-A;
Order 16, Rules 10 to 12; Order 40, Rule 1,
and Sections 135, 135-A and 151 558
Exemption from civil arrest does not
extend to process of contempt of court 563
Inherent jurisdiction under Section 151, CPC 565
Administrative Tribunals Act, 1985 568
Failure of witness summoned to appear
or refusal to produce document 568
Abuse of process when contempt 571
Notes under the provisions of Civil Procedure Code 572
Disobedience of orders of court 574
Disobedience of injunction orders of court 575
Where application of Order 39, Rule 2, CPC,
more appropriate than contempt 576
The State as contemner 577
Disobedience of injunction 581
Is disobedience of injunction under Order 39,
Rule 1 actionable in contempt 582
Duty to obey order and get order rectified 584
Some instances where disobedience led to contempt action 585
Undertaking given to court 587
Where undertaking amounts to injunction 588
Breach of undertaking to court 590
When breach of undertaking is actionable in contempt 590
Disobedience of order of court
which is not in conformity with judgment 592
When is failure to act upto the
undertaking contempt of court 595
Order 21, Rule 32, CPC 597
Appeal against orders under Order 39, Rule 2-A 600
When no punishment is called for 602
CHAPTER VI : CONTEMPT BY LAWYER AND IN RELATION TO LAWYER
Contempt by lawyer 605
Contempt by pseudo lawyer 608
Attitude of court to lawyer 610
Immunity to lawyer-when legal 610
Humorous and sometimes dangerous bouts of counsel 610
Need for strong advocacy 613
The right type of Judge needed 614
Is counsel responsible for scandalous
allegations in transfer petitions? 616
M.Y. Shareef and Dr Kathalay case 620
The modus operandi suggested in transfer petition cases 624
Comparative Law in America as to a
counsel vis-a-vis transfer applications 629
American Law of Don'ts to lawyer 629
Criticism of Judges by the Bar
or at Bar Association meetings 632
Counsel should opt for remedy under S. 6
instead of resorting to contumacious behaviour 638
Can a jurist criticise the administration
of justice of his country in International Conferences? 639
The Cassel case 640
Apology by counsel-Value to be attached 644
Advocate allowing law agent to snatch court record 648
Limit to criticism of Judges 648
Latitude to counsel necessary 650
Arguments of counsel-latitude to be given 651
Role of the Bar 652
Counsel cannot cite Law Commission Report to
support scandalous allegations of his own 654
Gross contempt by senior Supreme Court counsel 655
When counsel is in contempt 666
Is the Doctrine of Contempt in
Weize case applicable to India 671
Counsel's letters to Judge when contempt 678
Counsel's conduct in conducting cases when contempt 682
Counsel reporting no instructions -Is it contempt? 685
Punishment in contempt if bar to practice 686
Protection to lawyer 688
Contempt against lawyer 688
Can a Judge be held in contempt? 690
Insult to counsel 691
Mysterious legal drama 691
Counsel arrested while going to court 693
Arrest of counsel, when contempt 694
Instances of contempt against lawyer 696
Intimidation and threat to counsel 698
Contempt towards lawyer 701
CHAPTER VII : CONTEMPT AGAINST JUDGES, THEIR OFFICERS AND SUBORDINATES
The Rule of Law and protection to Judges 704
Contempt by scandalizing the court 706
What is libel or defamation and
what is scurrilous contempt 707
Allegation of bribery against Judge 708
"Is the Sub-Magistrate of Kovvur corrupt?''
Is this defamation or contempt-Also other
instances of scandalizing the court 709
Details of some instances of scurrilous contempt 715
Limitation to the summary method 724
Criticism of Judge through notice 725
Parallel Enquiry 725
Disturbing court Proceedings 726
Contempt of Subordinate courts 727
Contempt against the court of a Registrar 730
No contempt action when the act does not warrant same 731
Contempt by use of force against Judge 735
Writing letters to Judges and distributing pamphlets 736
Attack on competence and integrity of
Magistrate under the guise of a notice 740
Standard of proof in contempt cases 741
Interference with courts must be real 742
Contempt by interference with officers
and subordinates of courts 743
Contempt of interference with witness 744
Contempt of lawful authority 746
Disobedience to orders of court 747
Contempt of Jurors 747
Contempt by parties by scandalizing Judge
in writ and transfer applications 748
Contempt of court by interfering with parties 750
Contempt by threat to plaintiff not to proceed with his action 754
Contempt by witnesses and partisans 755
Some other acts of contempt against course of justice 757
Contempt relating to process servers 763
Contempt of Receivers 763
Suit against Receiver of court without leave of court 768
Court Commissioner-Contempt of 769
Contempt of Sheriffs 770
Contempt of Official Liquidator 770
Contempt of Official Assignee 771
Contempt in insolvency jurisdiction 771
Contempt in relation to lunatics 771
Contempt in relation to wards of courts 772
No Contempt in relation to orders of court-Some Instances 773
Disobedience to an order of injunction 779
Knowledge how far necessary--`Mens rea' if relevant 781
Knowledge of Prohibitive Order sufficient 784
Corporations if liable in contempt 787
Contempt by party or stranger 787
Contempt by frivolous litigants 789
Contempt in procedure 789
Contempt by the State against courts of justice 791
Duty of State in case of `prima facie' contempt 794
Who is the proper party when State commits contempt 795
Contempt by Ministers of Government 797
Contempt by Officers of Government 800
The District Magistrate of Nadia forcibly
evicting a subordinate Judge from circuit
house where he was holding court 804
Disobedience of illegal order is contempt
if the court had jurisdiction 808
CHAPTER VIII : CONTEMPT BY JUDGES, THEIR OFFICERS AND SUBORDINATES
Can a Judge be indicted for contempt against a lawyer? 809
Oswald on Judge's liability-Protection by Statute to
Judges-Sanyal Committee on Definition
and Classification of Contempt 818
Contempt by Subordinate Judges 822
Contempt by Subordinate Judge-If can challenge
constitution of the Bench merely because some of
them had taken disciplinary action on the
administrative side -Is such challenge
itself contempt? -B.K. Mishra case 824
A repetitive contemner-A District Judge 827
Refusal by District Judge to follow
High Court decision-Is it Contempt? 830
Other instances 831
Judge liable for costs 833
Stay orders-Disobedience by subordinate courts 834
Contempt by subordinate court- Wilful disobedience 839
Magistrate refusing to function in his house, if contempt 840
A Judge influencing another Judge, if contempt 842
Inferior Judge criticising the Inspection
Report of High Court Judge 843
Subordinate Judges disregarding decision of superior courts 843
Contempt by Judge of other courts 845
No pending case necessary for contempt action 848
Can a Magistrate pass an order under Section 144,
CrPC, preventing execution of a civil decree? 848
The Judiciary vis-a-vis the Executive 850
Court subordinates receiving bribes and other misdemeaner 852
CHAPTER IX : FREEDOM OF THE PRESS AND THE LAW OF CONTEMPT
Concept of the freedom of the Press 855
Recommendations of the 1954 Report 859
The Code of Journalistic ethics 861
Tips to journalists to avoid contempt of court 862
Freedom of the press under the Indian Constitution 864
What are the legal restrictions in India? 866
Precensorship and the freedom of the press 872
Contempt by the press 873
What the press should not do? 874
Press contempts-Before, during and after trial 875
Press contempts 876
Leading Cases (1884-2002) 876
Instances of press contempt 882
The pre-Constitution cases on press contempt 883
The 1954 Report of the Press Commission on contempt of court 900
Publication of true reports of proceedings 900
March of contempt law relating to the press from 1950 901
Some later instances 932
Norms as to criticism of Judges by the Press 937
Interference with administration of justice 938
What is interference with due administration of justice? 941
Trial by Newspapers 943
Karunakaran case 943
Prejudicing fair trial when proceedings are pending 945
Pre-trial publicity-Television or other
similar programmes if prejudicing fair trial 950
Is the Judge infallible and immune
from being influenced by publications 951
Constructive contempt by the press in imminent
(Old law) or pending proceedings (New Law) 954
Statements relating to matters sub judice 960
Mens rea, good faith and knowledge 962
The changes effected by the 1971 Act as to press contempt 962
What is freedom of the press? 963
False or inaccurate Report of court proceedings 966
The law as to contumacious writings (summarised) 966
Scandalising Judges 969
Limit to counsel's criticism of judicial administration 978
Attacking Counsel 981
Allergy to attire: Insinuation by the press 982
If court proceedings were a nullity, can contempt law be invoked? 982
Attack on party or witness 983
Misleading and Offending Headlines 989
Advertisements 994
Publication of plaint and documents 995
Gandhiji in a contempt case 997
The Ananda Bazar Patrika case 1005
Publishing photo and plaint 1005
The general principle relating to publication of documents 1008
Is comment on law, contempt? 1010
Academic discussion if contempt: The Curfew case 1012
Chamber proceedings 1012
Sanyal Committee's recommendations as to Proceedings
in Chambers or in camera 1014 Wards and lunatics 1014
Liability of editor's and printer's and
others connected with publication 1015
Motive and Intention 1017
Knowledge 1027
Concept of knowledge under the 1971 Act 1031
Humorous comment 1034
Fair criticism 1034
Innocent dissemination 1042
Apology 1042
Can a journalist refuse to reveal his news source 1044
Reporter has no constitutional right to preserve
anonymity of an informer if court orders disclosure 1045
Should the journalist reveal his source of information 1046
The right of the Press to means of information 1047
The position in India as to professional
secrecy of the journalist 1050
Freedom of press threatened by trade union legislation 1052
The New Approach to the Law of Contempt 1053
Permissible limits of the use of contempt
power need for statutory reform 1053
The Indian Experience 1053
The English Experience 1058
Open Justice 1060
Freedom of the Press 1061
The anomalies in contempt law
alleged by Sri Soli J. Sorabji 1063
Scandalization of court 1063
The doctrine of public good 1064
Our suggestion 1066
Reflections on Shri Rajeev Dhavan's views in his treatise
on Contempt of Court and the Press (1982 Edn.) 1069
APPENDICES
Forms Prescribed by CrPC, 1973
Rules to regulate proceedings for contempt of the Supreme Court, 1975
Rules under Article 225 of the Constitution of India
Allahabad High Court 1082
Andhra Pradesh High Court 1086
Bombay High Court 1095
Bombay High Court (Original Side) 1098
Calcutta High Court 1103
Gauhati High Court 1110
Gujarat High Court 1115
Himachal Pradesh High Court 1121
Karnataka High Court 1126
Kerala High Court 1133
Madhya Pradesh High Court 1135
Madras High Court 1140
High Court Nagpur 1143
High Court Orissa 1146
Patna High Court 1152
Punjab and Haryana High Court 1157
Rajasthan High Court 1162
Sikkim High Court 1162
Contempt of Court (CAT) Rules, 1992
Lord Justice Phillimore Committee Report (1974)
H.N. Sanyal Committee Report on Contempt of Court
SUBJECT INDEX 1219