BAL THACKREY VS HARISH PIMPALKHUTE AND ORS (2005) 1 SCC 254

Criminal Appeal Nos. 149-150 of 1997 with Cri. A. Nos. 168 and 169 of 1997, decided on 29/11/2004

https://indiankanoon.org/doc/418518/

https://www.legitquest.com/case/bal-thackrey-v-harish-pimpalkhute/C1

https://www.casemine.com/judgement/in/5609ae06e4b0149711412bb4

Judgement

Bench: Y.K. Sabharwal, D.M. Dharmadhikari, Tarun Chatterjee

....  Every High Court besides powers under the Act has also the power to punish for contempt as provided in Article 215 of the Constitution of India. Repealing the Contempt of Courts Act, 1952, the Act was enacted, inter alia, providing definition of civil and criminal contempt and also providing for filtering of criminal contempt petitions. The Act laws down ‘contempt of court’ to mean civil contempt or criminal contempt. We are concerned with criminal contempt. ‘Criminal contempt’ is defined in Section 2(c) of the Act. It, inter alia, means the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court. The procedure for initiating a proceeding of contempt when it is committed in the face of the Supreme Court or High Court has been prescribed in Section 14 of the Act. In the case of criminal contempt, other than a contempt referred to in Section 14 the manner of taking cognizance has been provided for in Section 15 of the Act. This section, inter alia, provides that action for contempt may be taken on court’s own motion or on a motion made by

(a) the Advocate-General, or

(b) any other person, with the consent in writing of the Advocate-General.

The contempt jurisdiction enables the Court to ensure proper administration of justice and maintenance of the rule of law. It is meant to ensure that the courts are able to discharge their functions properly, unhampered and unsullied by wanton attacks on the system of administration of justice or on officials who administer it, and to prevent willful defiance of orders of the court or undertakings given to the court [Commissioner, Agra v. Rohtas Singh (1998) 1 SCC 349]. In Supreme Court Bar Association v. Union of India & Anr. [(1998) 4 SCC 409] it was held that “The purpose of contempt jurisdiction is to uphold the majesty and dignity of the courts of law. It is an unusual type of jurisdiction combining “the jury, the judge and the hangman” and it is so because the court is not adjudicating upon any claim between litigating parties. This jurisdiction is not exercised to protect the dignity of an individual judge but to protect the administration of justice from being maligned. In the general interest of the community it is imperative that the authority of courts should not be imperiled and there should be no unjustifiable interference in the administration of justice.” Dealing with the nature and character of the power of the courts to deal with contempt in the case of Pritam Pal, v. High Court of Madhya Pradesh, Jabalpur Through Registrar, [(1993) Supp. (1) SCC 529], this Court observed :

“15. Prior to the Contempt of Courts Act, 1971, it was held that the High Court has inherent power to deal with a contempt of itself summarily and to adopt its own procedure, provided that it gives a fair and reasonable opportunity to the contemnor to defend himself. But the procedure has now been prescribed by Section 15 of the Act in exercise of the powers conferred by Entry 14, List III of the Seventh Schedule of the Constitution. Though the contempt jurisdiction of the Supreme Court and the High Court can be regulated by legislation by appropriate legislature under Entry 77 of List I and Entry 14 of List III in exercise of which the Parliament has enacted the Act of 1971, the contempt jurisdiction of the Supreme Court and the High Court is given a constitutional foundation by declaring to be ‘Courts of Record’ under Articles 129 and 215 of the Constitution and, therefore, the inherent power of the Supreme Court and the High Court cannot be taken away by any legislation short of constitutional amendment. In fact, Section 22 of the Act lays down that the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law relating to contempt of courts. It necessarily follows that the constitutional jurisdiction of the Supreme Court and the High Court under Articles 129 and 215 cannot be curtailed by anything in the Act of 1971”