What is contempt?
In simple words, anything which prevents a judge from deciding a case, fearlessly and without disturbances, is Contempt of Court.
If you sit for a day in any court you will know reasons.
He has to interact with all sorts of devils and bullies.
In his court, there are rapists, murderers, quarrelling spouses, bullying lawyers, mad-with-too-much-money tycoons, sons of power-mad politicians, gangsters, obsessed neurotics and what not.
To make them sit and to ask them to speak one by one as per procedures prescribed in law itself is a challenging task.
And the judges do not have their Army.
They depend on State Government to enforce their orders.
The task is really tough when a Judge has to pass and enforce orders against the State Government's officers themselves !
Therefore, they have got powers to punish for contempt anyone who disobeys them or disturbs his mind or disrupts process of justice.
These powers are not dependant on Contempt of Court Act.. The powers are inherent in all judges from time immemorial...
No judge can judge without power to punish for its contempt.
Contempt of Court Act only prescribes some procedures to ensure that some erring judges do not abuse these powers wrongly or for personal motives.
Haresh Raichura
13/1/15
Copyright : Haresh Raichura 2014. All Rights reserved.
