WHAT ARE CONTEMPT POWERS OF THE SUPREME COURT ?
The Supreme Court is a court of record under Article 129 of the Constitution. Article 129 expressly empowers the Supreme Court to punish for its contempt.
Article 142 (2) also empowers Supreme Court to make any order for punishment of contempt of court subject to law made by Parliament.
The Parliament has enacted Contempt of Court Act, 1971 to limit the powers of certain courts and provide procedure for dealing with contempt of court. The Contempt of Court Act, 1971 classifies contempt into Civil Contempt and Criminal Contempt. Section 2 (b) defines civil contempt as wilful disobedience to any judgment, decree, direction, order, writ, or other process of a court or wilful breach of an undertaking given to a court. Section 2 (c) defines criminal contempt as publication by spoken or written words, by signs or visible representation or otherwise or any act which (i) scandalizes or tends to scandalize or lowers or tends to lower the authority of any court or (ii) prejudices, or interferes or tends to interfere with the due court or any judicial proceedings or (iii) interferes or tends to interfere with or obstructs or tends to obstruct the administration of justice in any other manner.
Certain defenses have also been provided under the Act. Innocent publication or distribution of matter is not contempt. Fair and accurate reporting of judicial proceedings is also not contempt. Fair criticism of judicial act is also not contempt. Reporting of chamber matters or in camera proceedings are also not contempt barring certain exceptions.
Section 13 provides that sentence can not be imposed under this act unless act of the contemnor substantially interferes or tends substantially to interfere with the due course of justice. Justification of truth will also be a valid defense if it is satisfied that it is in public interest and the request for invoking the said defense is bona fide.
ARTICLE 129 AND CONTEMPT OF COURT ACT, 1971
Article 129 as well as Contempt of Court Act, 1971 deals with contempt powers of the Supreme Court. One of the issues which has been raised before the Supreme Court is whether Supreme Court is bound to follow the provisions provided under Contempt of Court Act, 1971. The Supreme Court has consistently held that contempt powers under Article 129 is inherent power and is not restricted by provisions of Contempt of Court Act, 1971.
In Re : Vijay Kurle 2020 SCC Online SC 407 it was contended before the Supreme Court that provisions of Contempt of Court Act, 1971 are final words after its enactment in respect of contempt proceedings. The Supreme Court observed that power under Article 129 is constitutional power which can not be abridged by statute. The Court noted that powers under Article 142 (2) are subject to laws made by Parliament but there is no such restriction on powers conferred by the Constitution under Article 129. The Supreme Court held that power of the Supreme Court to punish for contempt committed to itself is a power not subject to the provisions of the Act. The only requirement is to follow a procedure which just and fair and in accordance with rules framed by the Supreme Court.
The Supreme Court in In Re: Prashant Bhushan & Anr (2021) 1 SCC 745 reiterated the findings in Vijay Kurle that power of the Supreme Court to initiate contempt is not in any manner limited by the provisions of the Contempt of Court Act, 1971. Section 15 is not the source of power to issue notice of contempt.
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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.