Home / Latest News / Supreme Court: Citizens are free to air their views on Corruption in Judiciary, it is not Contempt of Court

Supreme Court: Citizens are free to air their views on Corruption in Judiciary, it is not Contempt of Court


Public opinion of Judiciary

Rather such surveys instead gave opportunity to address the malady in the system, said the Bench.

Supreme Court has expunded that a report based on the public views regarding the corruption in judiciary may not invite contempt of court action.

It added that such surveys instead gave opportunity to address malady in system.

Apex Court Bench headed by Chief Justice of India J S Khehar a and also comprising of Justice D Y Chandrachud and Justice Sanjay K Kaul enunciated that law of contempt would not ordinarily encompass individuals or organisations which interview people and compile their views on whether the judiciary was also afflicted with corrupt practises such as bribing and exercising influences.

SC further questioned that,“How do you understand society? You raise questions; ask people in society; record their views and then compile it to see how people think…What is their perception of a particular institution or an issue. Where will the research go if this is contempt of court?” .

It added that collection of data by individuals or organisations would not invite contempt.

“Are you saying that if there is a malady, whether it is expediting a case or delaying it, and other such acts, should we close our eyes? If somebody collects data, we think, someone should look at it closely and find ways to remedy the problems,” it added.

Apec Court was responding to a submission by Counsel for Jammu and Kashmir Government who had sought to defend a show-cause notice which was issued to Transparency International (India) and the Centre for Media Studies (CMS) for releasing a damning report on corruption in State’s Subordinate Judiciary.

This report was based on a survey of litigants and more than 90 per cent of respondents complained of corrupt practices, which included bribes to delay cases or assign them to other judges, to lose or misplace files etc.

J&K-based newspaper, published this report, Judicial Magistrate in Kangan issued a show-cause notice to the chairman of Transparency International and CEO of CMS in May, 2006.

The notice was issued under provisions of Contempt of Court Act as well provisions of criminal defamation.

Bench added that if a Magistrate feels that an aspersion is casted on his integrity all he can do is seek a reply on why proceedings be not initiated against him and if the reply is found unsatisfactory send a reference to the High Court.

SC said that the Magistrate definitely exceeded his powers in issuing bailable warrants to secure the personal presence of the TII and CMS officials as a he could not have issued the Warrants of Arrest against the alleged contemnor.

Apex Court Bench has referred matter back to magistrate for hearing it afresh from stage of issuing show-cause notice and decide the future course of action strictly in accordance with law. Indian Express

Read Laws @ LatestLaws.in-

Related News @ LatestLaws.in-

13.2.2017 – Justice C S Karnan fails to appear before Supreme Court over contempt notice

11.2.2017 – Justice C S Karnan strikes a defiant note, says SC cannot hear the Contempt, seeks its reference to Parliament

8.2.2017 – Top Seven SC Judges join to initiate Contempt proceedings against a sitting High Court Judge

1.2.2017 – High Court to consider if withdrawl from Mutual Consent Divorce Petition can attract Contempt action

7.1.2017 – Justice Markenday Katju tenders unconditional apology: SC Drops Contempt Proceedings, accepts Apology

22.12.2016 – SC convicts Two Doctors in Contempt for keeping Accused admitted in their Hospital to evade Arrest Warrants, Read Text

25.7.2016 – Supreme Court issues Contempt Notice to Vijay Mallya on Bank’s Plea

26.6.2016 – HC sitting over violation of its Order by State, despite Contempt Bench asks Govt to seek SC view on it

Law Commission Report No. 200- Trial by Media, Free Speech vs. Fair Trial Under Criminal Procedure (Amendments to the Contempt of Court Act, 1971), 2006

21.2.2016 – They called Afzal Guru hanging “Judicial Killing” and Apex Court Judges ‘Killers’: Kanhaiya, Gilani and ors. face SC’s Contempt

24.12.2015 – High Court issues Contempt Notice to Arundati Roy for seeking Bail for Prof. GN Saibaba, Read Order

17.12.2015 – Delhi High Court Jails a Lawyer in Contempt of Court for calling a Judge Corrupt, Read Judgment

13.9.2015 – SC poser to Bar Bodies in Delhi, Why you should be not punished for Contempt for striking work

23.8.2015 – Supreme Court fumes, castigates Delhi Police Commissioner and issues contempt for not Arresting the Accused on NBWs & instead sermonizing the Court

Facebook Comments

Check Also

Labour Wing of RSS to now launch protest against Modi Govt’s Anti-Farmer Policies

Labour Wing of RSS to now launch protest against Modi Govt’s Anti-Farmer Policies


  1. Indur Chhugani

    *inquiry report by Sessions Court into important documents missing from court records and not sent to High court in 2012, resulting in our forcible eviction from flat in 2013 completed on 11/5/2016… But Sessions Court refuses to provide copy of report to victims (me and family)*… This is how our Judiciary is. Reason they claim… Matter between “employee and employer”… Person’s who suffered on account of fraudulent activity of court employees can go to hell.

  2. Anand S Jondhale

    Then why are you incarcerated Justice Karnan?

  3. An Rogue n corrupt MPID court Judge pressurised Khar police to arrest me on 28/3/2005 for *breaking seal on property attached by the MPID court*… When there is no provision in the MPID court to seal any property before hearing objections from those connected to property. *after 12 years of torture, MPID court heard objections to attachment on 12/4/2017* and passed order, property does not come under the MPID act.

    All judges of High Court and Supreme Court ensured that this Rogue Judge does not get adverse remarks in his service record. He Rogue V L Achliya was elevated as High Court judge on 18/10/2013 and very next day and MPID court passed order for my forcible eviction from flat. *Was forcibly evicted on 6/12 /2013*.
    The Rogues thought, I would get tired or die because of age and pressure of becoming homeless.


Leave a Reply

Your email address will not be published. Required fields are marked *