Contempt of court

04.04.2024

Contempt of court

Why in the news?                                                                                      

Recently the Allahabad High Court said that under the Contempt of Court Act, 1971, orders of the Central Administrative Tribunal (CAT) can be appealed only in the Supreme Court and not in the High Court.

Important points:

• Initially, the High Court had distinguished between orders issued by the Tribunal pursuant to Section 14(1) of the Administrative Tribunals Act, 1985 and orders issued under Section 17 of the Contempt of Court Act, 1971.
• The High Court further clarified that since contempt proceedings under Section 17 of the Administrative Tribunals Act, 1985 are decided by a bench consisting of not less than two members, any resulting order lies exclusively in appeal before the Supreme Court.

About contempt of court:

• Article 129 of the Constitution states that the Supreme Court shall be a 'court of record' and has all the powers of such courts including the power to punish for contempt of itself.
• Article 215 has given corresponding power to the High Courts.
• Contempt proceedings under Section 17 of the Act, 1985 are tried by a bench of not less than two members and an order passed under Section 17 of the Act, 1985 shall be appealable only before the Supreme Court.
• Therefore, any order or decision of the Tribunal under the Act, 1971 can be appealed to the Supreme Court only within 60 days from the date of the order.

Types of contempt of court:

• According to the Contempt of Court Act, 1971, contempt of court can be either civil contempt or criminal contempt.
• Civil contempt means willful disobedience to any judgment, decree, direction, order, writ or other process of the court or willful breach of an undertaking given to the court.
• Criminal contempt means publishing any matter (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) or doing any other act which:
  • brings into disrepute or impairs or tends to impair or impair the authority of any court; Or
  • Prejudice, or interferes, or tends to interfere, with the proper course of any judicial proceedings; Or
  • Interferes or tends to interfere, or obstructs or tends to obstruct, the administration of justice in any other manner.

Punishment for contempt of court:

• Contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
• Provided that the accused may be released or the sentence awarded may be remitted.

                                 Source: Times of India