Contempt of court is considered when a conduct disrespect or disregard or hinder or mess up with integrity of any party during serving law as officials or somehow working as judicial server.
- Civil Contempt
It has been defined as intractable disobedience to any judgment, direction, order, write or other process of a court or wilful breach of an undertaking given to a court Under Section 2(b) of the Contempt of Courts Act of 1971.
- Criminal Contempt
Under Section 2(c) of the Contempt of Courts Act of 1971, criminal contempt has been defined as the publication 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, or
- (ii) Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding, or
- Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.
Punishment for the contempt of court
In India High Court and Supreme Court have right to the power to punish for the contempt of the court. Under Section 12 of Contempt of Court Act, 1971, a contempt of court can be punished with simple imprisonment for a term which may extend to maximum of six months, or with fine which may extend to two thousand rupees, or with both. However, in civil cases if the court considers that a fine is not sufficient for justice then court can sentence civil prison for six months rather than simple imprisonment.
Contempt under Indian Constitution
Article 129 and 215 of the Constitution of India is in the nature of empowering courts for the contempt. While Article 129 empowers the Supreme Court, Article 215, on the other hand, empowers High Courts to punish people for their respective contempt if caught or being complained fiddling with their Jobs. Although High Courts have been given special powers to punish contempt of subordinate courts, as per Section 10 of The Contempt of Courts Act of 1971.
Article 129
Article 129, of the Constitution of India, states that “The Supreme Court shall be a court or record and shall have all the powers of such a court including the power to punish for contempt of itself. Supreme court as a guardian of right to personal liberty, cannot do anything by which that right is away, especially when supreme court is acting Suo moto as in proceeding for its own contempt.
Art.215:
High Courts to be courts of record- Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
Object
The jurisdiction regarding contempt of court is a special jurisdiction. It must be used to uphold the dignity of the courts and the majesty of law untainted. Another importance of this contempt power is to ensure the majesty of judicial institutions so that it may not be lowered, and also to preserve the functional utility of the constitutional deliverables keep functioning smoothly & untendered due to accuse in system.
Procedure to be followed
The procedure provided by the Contempt of Court Act, 1971 has to be followed in the exercise of the jurisdiction under article 129 and 215 of the Indian Constitution. Any individual can recourse to any of the following three options:
1. He may place the information in his possession before the court and request the court to take action.
2. He may place the information before the Attorney General and request him to take action.
3. He may place the information before the Attorney General and request him to move the court.
Role of media in highlighting Contempt of court
Media is considered as fourth pillar of democracy and media has the power to mould the viewpoint of the society in regard to any situation. The media is praised for starting a trend to bring the accuse to hook or bringing them behind the bars. The media can create an awareness about the issue so that the person who complained or being cheated will get the support for justice from society at large.
In last few years with the advancement of cable TV, radio network and internet the reach of mass media and its impact on society has increased tremendously. People have started looking towards the new ways of news dissemination as well as toward the traditional way of newspapers and magazines. As a result of this modernization media organizations are getting more power to shape the viewpoint of the people. However, freedoms of press also have few limitations and responsibilities to look upon. Social media plays an important role to connect people at large & concerned authorizes also may response on these platforms in no time to ensure the actions will be taken rightfully & in favour of law.
Article 19(1) (a) of the Indian constitution gives freedom of speech and expression which includes freedom of press. The existence of a independent and powerful media is the keystone of democracy. Media is not the medium of portraying news but media has the power to express one’s views and opinions. The fundamental role of media is to activate the thinking process of millions.
Media played a tremendous role in getting the justice to the victims in many cases like Priyadarshini Mattoo case, Jessica Lal case, Nitish Katara murder case and Bijal Joshi rape case, Nirbhaya rape case & Arushi Talwar Murder case in these cases without media intervention justice was not possible. Media is not there to pressurize system it is there to make the servers of system that they are being watched & come under same constitution which has similar fundamental rights for every Indian citizen through which Justice cannot be denied. While we are talking about contempt of court media has played a incredible role to bring the people in front who are responsible for contempt of court and doesn’t come out due to their power and reputation in front of general public or we can say that they misuse the power of their designation to safeguard themselves. Few of the cases of contempt of court in the year 2017 are Justice C.S. Karnan case, Advocate Ashok Pande case (Allahabad High court lawyer), Arundhati Roy and Narmada bachao andolan case.
In all the above cases media helped the people to know about the real picture about the issue, what the case all about, what all things are highlighted, what all are the things never taken into account, what was the actual issue, how many times the trial took place and ultimately what was the decision of honourable Supreme Court of India. Media trials are adhered to be the best democratic tool to achieve the righteous information on account.
Conclusion
Media plays a very significant role in portraying the news and views amongst public. In democratic society like India it acts as a fourth pillar and has a major role to safeguard the needs of the society and the people. Media interventions are considered as media trials or trial by media and it’s also help people in understanding the real picture of any issue as everyone doesn’t understand what is law, what is legal or the terminology used for any official references. In all of the above cases media played a very important role in highlighting the whole issue time to time so that everyone could understand what all are the happenings or decisions taken by the apex court. What is PIL all about and how the contempt was proved on the accused against contempt of court. The complete proceedings of the law have been witnessed, described & presented by media in favour of protecting Judicial, fundamental & legal responsibilities towards the nation.
The contempt was done by the people who are considered as idols and people who protect the dignity of the nation and court with the power they hold. In Justice Kernan case he was the protector and he did the contempt of court as he disregarded the courtroom and defame the fellow judges. People of India or Society in large look forward to the highest institutions for Justice or Court of Laws which imbibe them the freedom of utilizing & enjoy their constitutional rights to live respectfully & create a congenial trustworthy society.
Cases like above are mere not just examples to be submitted, read or to be forgotten but to be taken as the symbol of faith & strengthen the belief in our Nation’s Judicial & fundamental rights. They serve as a lesson to people in power that in democracy people or citizens are to be considered above all & it’s their duties what they are performing to safeguard defined parameters of their service towards society not as an individual or for any individual group. We Take Pride & Say we are being protected by most Robust written constitution of the World. It’s our responsibility to utilize the freedom & fundamental or judicial rights provided as citizens not to be misused & to maintain healthy congenial atmosphere in the country.