June 18, 2012

Contempt Laws: Keep filing PIL petitions before different courts with oblique motive could amount to contempt

That is what it seems to have persuaded Supreme Court to issue notice as to why contempt proceedings should not be started or why alternatively he should not be fined with examplary costs.

It appeared to Supreme Court in case of Kalyneshwari vs Union of India 2011(1)SCALE 651 that the petitioner who had filed number of PIL to ban asbestos mining had been abusing process of court.

So while dismissing above petition, Supreme Court has issued notice as above on 21.1.2011. I have yet not checked or read final outcome of the matter.

In my view, I am personally against the use of Contempt Act against PIL Petitioners. As a collateral damage, this can discourage genuine public spirited people also from coming to court with a PIL. And this may not be good in long run


Haresh Raichura
18/6/2012