Contempt
https://www.youtube.com/watch?v=RLxzczTSVAo&feature=youtu.be
https://indiankanoon.org/doc/203322/
https://indiankanoon.org/doc/505614/
https://indiankanoon.org/doc/625529/
https://indiankanoon.org/doc/219441/
https://indiankanoon.org/doc/681713/
https://cjp.org.in/wp-content/uploads/2017/12/Supreme-Court-Judgement2017-Contempt-of-Court-Justice-Karnan-Case.pdf
https://indiankanoon.org/doc/1496509/ Gujarat Magistrate was dragged. Jurisdiction
https://indiankanoon.org/doc/1666530/ BCI Chairman contempt
https://main.sci.gov.in/supremecourt/2019/11742/11742_2019_32_1501_21869_Judgement_27-Apr-2020.pdf
There was a bandh a political party in Kerala. A man died. Gopalan made statement. Pursant to that a criminial case arrested. Same statement made in a newspaper after arrest. Both were made contempt
At the time to his statement, no attempt on his party either to influence the judiciary or caruse hindrarance. By the time it was publlished, immenent criminal proceedings, hence publisher was convicted.
Majority Judgment
Separate Opinion
Does it was from arrest or from filing charge. In given case charge sheet may not be filed. Bhargave Committee made recommendation
Section 3 . The proceeding in question, stage would begin from filing the charge sheet.
Balancing of Section 3 and Article(1)
Nammordipal
CM believed in Marism. Criticism the judiciary at that time and said SC was not doing justice in certain case. Convicted. Fine Rs. 50.
Madhankar Manglankar
Attitude of judge. No contempt.
https://main.sci.gov.in/supremecourt/2019/11742/11742_2019_32_1501_21869_Judgement_27-Apr-2020.pdf
Shri C. K. Daphtary
and Others v. Shri O.P. Gupta and Others 1971 (1) SCC 626
Sukhdev Singh Sodhi v. The Chief Justice and Judges of the Pepsu High 1954 SCR 454
No Contempt P.N. Duda v. P.Shiv Shanker and Others (1988) 3 SCC 167
Anil Kumar Gupta v. K. Subba Rao and Ors. ILR (1974) 1 Del 1
In Re: Vinay Chandra Mishra (1995) 2 SCC 584
Supreme Court Bar Association v. Union of India (1998) 4 SCC 409
Pallav Sheth v. Custodian & Ors. 2001 (7) SCC 549 ( Period of limitation is not applicable in contempt proceedings)
Biman Basu v. Kallol Guha Thakurta & Another (2010) 8 SCC 673
Bal Thackrey v. Harish Pimpalkhute and Ors.2005 (1) SCC 254
Divine Retreat Centre v. State of Kerala & Others. (2008) 3 SCC 542
Dr. D.C. Saxena v. Hon’ble the Chief Justice of India (1996) 5 SCC 216
In Re: Arundhati Roy (2002) 3 SCC 343
https://indiankanoon.org/doc/203322/
https://indiankanoon.org/doc/505614/
https://indiankanoon.org/doc/625529/
https://indiankanoon.org/doc/219441/
https://indiankanoon.org/doc/681713/
https://cjp.org.in/wp-content/uploads/2017/12/Supreme-Court-Judgement2017-Contempt-of-Court-Justice-Karnan-Case.pdf
https://indiankanoon.org/doc/1496509/ Gujarat Magistrate was dragged. Jurisdiction
https://indiankanoon.org/doc/1666530/ BCI Chairman contempt
https://main.sci.gov.in/supremecourt/2019/11742/11742_2019_32_1501_21869_Judgement_27-Apr-2020.pdf
There was a bandh a political party in Kerala. A man died. Gopalan made statement. Pursant to that a criminial case arrested. Same statement made in a newspaper after arrest. Both were made contempt
At the time to his statement, no attempt on his party either to influence the judiciary or caruse hindrarance. By the time it was publlished, immenent criminal proceedings, hence publisher was convicted.
Majority Judgment
Separate Opinion
Does it was from arrest or from filing charge. In given case charge sheet may not be filed. Bhargave Committee made recommendation
Section 3 . The proceeding in question, stage would begin from filing the charge sheet.
Balancing of Section 3 and Article(1)
Nammordipal
CM believed in Marism. Criticism the judiciary at that time and said SC was not doing justice in certain case. Convicted. Fine Rs. 50.
Madhankar Manglankar
Attitude of judge. No contempt.
https://main.sci.gov.in/supremecourt/2019/11742/11742_2019_32_1501_21869_Judgement_27-Apr-2020.pdf
Shri C. K. Daphtary
and Others v. Shri O.P. Gupta and Others 1971 (1) SCC 626
Sukhdev Singh Sodhi v. The Chief Justice and Judges of the Pepsu High 1954 SCR 454
No Contempt P.N. Duda v. P.Shiv Shanker and Others (1988) 3 SCC 167
Anil Kumar Gupta v. K. Subba Rao and Ors. ILR (1974) 1 Del 1
In Re: Vinay Chandra Mishra (1995) 2 SCC 584
Supreme Court Bar Association v. Union of India (1998) 4 SCC 409
Pallav Sheth v. Custodian & Ors. 2001 (7) SCC 549 ( Period of limitation is not applicable in contempt proceedings)
Biman Basu v. Kallol Guha Thakurta & Another (2010) 8 SCC 673
Bal Thackrey v. Harish Pimpalkhute and Ors.2005 (1) SCC 254
Divine Retreat Centre v. State of Kerala & Others. (2008) 3 SCC 542
Dr. D.C. Saxena v. Hon’ble the Chief Justice of India (1996) 5 SCC 216
In Re: Arundhati Roy (2002) 3 SCC 343
48. There can be no manner of doubt that any citizen of the country can criticise the judgments delivered by any Court including this Court. However, no party has the right to attribute motives to a Judge or to question the bona fides of the Judge or to raise questions with regard to the competence of the Judge. Judges are part and parcel of the justice delivery system. By and
large Judges are reluctant to take action under contempt laws when a personal attack is made on them. However, when there is a concerted attack by members of the Bar who profess to be
the members of an organization having a large following, then the Court cannot shut its eyes to the slanderous and scandalous
86. We have already extracted large portions of the letters. Both the letters on their face are totally contemptuous in nature. No litigant has a right to attribute motives to a Judge. No litigant
has a right to question the integrity of a Judge. No litigant has a right to even question the ability of a Judge. When the ability, integrity and dignity of the Judges are questioned, this is an attack on the institution. It is an attack on the majesty of law and lowers the impression of the Courts in the public eye. The allegations in the complaints are scurrilous and scandalous. Shri Vijay Kurle and Shri Rashid Khan Pathan do not deny that they have sent these letters. They, in fact, justify the sending of these letters. There is not even a word of regret in any of the affidavits filed by them
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