Introduction:
The most important factors which are expected from a citizen in a society are DISCIPLINE and GOOD BEHAVIOUR. Though there are a number of more factors that do constitute a responsible citizen of a society but yes these two must be kept above all to regulate one’s day to day life.
On the other hand, the judiciary is that wing of our country which is above all. It is considered as a supreme authority that can keep society contempt-free. By infusing trust in people’s lives, the judicial system of our country has the authority to conduct the public behaviour and prevent any sort of hindrance in circumventing justice to people.
For every law-abiding citizen, it becomes a lot more of a serious need. Since a law-abiding citizen is taught about all the basic necessary knowledge for being a respectable and abiding citizen of the society. There comes a huge responsibility for people as well as a sense of sincerity as one gets moulded and prepared how to appear in courts and when it comes to courts, the most integral thing which needs to keep in mind is THE RESPECT FOR THE COURT. Nobody can disrespect courts. In case of any wilful disobedience towards the law and order passed by the judicial system, the offender on being found guilty might attract punishment for its behaviour and would be put behind bars as well.
Being disrespectful and disobedient is somehow has become the most basic character trait of most of the people in today’s era? Well, not really but yeah it is an inevitable part of one’s personality. But is that something which can be allowed to continue?
The way a person can’t be disrespectful towards his/her God, similarly the court holds that position. A COURT ISA TEMPLE OF JUSTICE and you can’t disrespect it at all. Any act which aims to calumniate the true essence of the judicial system and any proceedings of a case which deems to be obstructing the process of law would lead to sanctions and other punishments.
Now if we come to the real world of legal education, the most important and worthy part of the curriculum is to learn the ethics and manners which are needed to be kept in mind to navigate as well as regulate the behavior of a person before the court, failure of which leads to CONTEMPT OF COURT.
WHAT IS CONTEMPT OF COURT EXACTLY?
This might be the most common question but is the most important question actually and needs to be understood very carefully to lead a good law practicing life. Although it has been nowhere defined formally but can be defined as :
Any disrespectful behavior and disobedience in the courtroom by any person leads to contempt of court.
If a person willing and knowingly misbehaves with the court of law during the legal proceedings may attract the punishment for doing contempt of court. No kind of disobedience to the rules, process, or the orders of the court is acceptable in the court of law and hence becomes the most crucial and integral part of being in the courtroom.
IS IT CODIFIED ANYWHERE?
Yes, the concept of contempt of court is defined under THE CONTEMPT OF COURTS ACT, 1971, which later got amended in the year 2006.
Now, the question arises is that like other wrongs which are classified as civil or criminal, is contempt of court a civil wrong or a criminal wrong?
Well, the answer is both!
Yes, you read it right. It’s a civil as well as a criminal wrong.
Under section 2(b) of the Contempt of Courts Act,1971, when there is any wilful disobedience towards any judgment, order, decree, or assent other processes of the court, it will be deemed as a civil contempt of court.
And under section 2(c) of the Contempt of Courts Act, 1971, when any matter or act of court is published which interferes with the proceedings of the court or obstructs any administrative action of the judiciary and scandalizes the acts of the court ultimately leading to lower down the authority of the court.
CONSTITUTIONAL TOUCH
Article 129 and 215 of the Constitution extends the power to higher judiciary to grant punishment for the contempt of court which tramples the fundamental right of people to speech and expression enshrined in Article 19 of the Constitution.
Now does it mean that no judge can be criticized by anyone due to the fear of getting charged with contempt of court? Does it provide a certain kind of a limitless power to the judiciary?
Well not really. One fact should be quite clear with all the people that it is a democratic country and people should be kept at above than anyone else. Authorities are just like servants of people and they must not exercise any power which can hamper the rights conferred on people.
Although this provision of contempt of court might look atrocious but it must be made very clear that people of India are above all this. It must be used sparingly and not with a vision of being dreadful towards the society which comes up with any kind of criticism. The provision being an outcome of the British-like laws which said that the highest authority can’t be wrong anyway must be stopped and prevented from being exercised in an arbitrary fashion which can have a drastic impact on society.
Conclusion
It must be admitted that criticism is an inevitable part of the society and the judiciary must also welcome the criticism in a healthy way but also must exercise its special powers to put people behind bars who disrespect the law and order. The judiciary must acknowledge the issue of contempt by determining if the acts or words of someone are obstructing the functioning of law and order and making it extremely difficult for the judiciary to operate or not? If yes, then it must be treated as contempt of court. If no, then it must not be misconstrued as contempt of court.
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