March 1, 2021

Misunderstandings about #Contempt Law in India

1) Contempt law is not used to make someone famous. When Supreme Court issues notice of contempt to some person, the person who filed contempt petition and the person to whom notice is issued get publicity in news. But this is not the purpose of Contempt Law.

2) Judges ignore many contemptuous acts. They decide on their own about what deserves their attention and what doesn't. Attorney General's opinions not binding on them.

3) The Judges only use Contempt Law, when they feel that it is most necessary to send a message to public at large.

4) The Judges have absolute powers to decide what is contempt and what is not contempt, in facts of each case. There are no fixed rules here. This is an area of discretion of the judges. 

5) Even after finding a person guilty of contempt, the Judges may let off the contemner without any punishment, or with nominal punishment, if they think it so fit. (Arundhati Roy Case) 

(c) Haresh Raichura 01/03/21