Bar & Bench Relation

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NAME : DHARMENDER SINGH

COURSE : BA LLB

BATCH : 2019-2024

SECTION : A

ENROLMENT NO : 11751103819

TOPIC : BAR AND BENCH RELATIONS

Submitted to : Ms.Mansi Madan (Assistant Professor)


BAR AND BENCH RELATIONS
CONTEMPT OF COURT
Object of the Act: The main object of the contempt of court Act
is to protect the dignity and decorum of the court and to uphold the
majesty of law. The object is not to protect the judges from criticism. By
providing punishment for contempt of the court the ability to deliver
fearless and impartial justice is strengthened.
Definition: The definition given in the Act for the term contempt of court
is not exhaustive. It is difficult to define it by words, because the scope of
contempt of court is very wide. Contempt means
(i) Any disrespect to the authority of law.

(ii) Disobedience of the order of the court.

(iii) Disturbance to the proceedings of the court.

Types: Following are the types of contempt (i) Civil contempt and
(ii) Criminal contempt.
Civil contempt
S.2(b)Defines the term `civil contempt’ It means (i)Willful
disobedience to any judgemaent,decree,direction,order,writ or other
process of a court; or (ii)Willful breach of an undertaking given to a
court.
For taking action for civil contempt on the ground of willful disobedience
of court order, it should be established that the court which has passed
the order has jurisdiction to pass such order. Disobedience of an order
passed without jurisdiction is not a Contempt must prove that the court
has no jurisdiction. A willful breach of an unconditional undertaking given
orally or in writing either in person or through his Advocate will be
treated as civil contempt. When undertakings are given orally, the court
shall record it in the proceedings.
Breach of a compromise entered in the court cannot be treated as civil
contempt. The remedy in such cases is only a civil suit for specific
performance of the promise.
Punishment: S.12 prescribes the punishment for contempt. Court may
award any one of the following punishments.
(i) Simple imprisonment for a term which may extend to 6 months.
(ii) Fine which may extend to Rs.2000/-.
(iii)Both the punishment Imprisonment and fine together.

Criminal contempt
S.2C defines the term `criminal contempt’ It means
(i) Publication of any matter (by words, spoken or written, or by signs or by
visible representation or otherwise.)
(ii) Doing of any other act which
(a) Scandalises or tender to scandalized, or lowers or tends to lower the
authority of any court.
(b) Prejudices or interferes or tends to interfere with the due course of
judicial proceeding; or
(c) Interferes or tends to interfere with, or obstructs or tends to obstruct
the Administration of justice.
Publication means publishing something orally or in writing through news
paper, pamplets, radio, television or cinema. conversation between two
persons cannot be treated as publication.
To decide criminal contempt, the absence of criminal intention on the part
of the person who has published the matter containing criminal contempt
or done the act of contempt will not be taken into account.
In E.M.S.Namboodiripad vs T.N.Nambiar (AIR 1970 SC 2015) the then Chief
Minister of Kerala, Mr.Namboodiripad in a press meet expressed the
following about judiciary. judiciary is responsible for the suppression of
people. Judges are favouring some class of people and working against the
other classes. Judiciary is acting against the interest of working class and
the agriculturist. judiciary is helping the oppressor group. The Supreme
Court held that the act of Mr. Namboodiripad amounts to criminal
contempt.
Making complaint against a Judge about his misconduct with sufficient
evidence to the higher authorities is not a contempt. But, the same
complaint is published in any manner then it amounts to contempt.
Preventing the court Amin from executing the court order, Threatening an
Advocate not to appear in a particular case, Threatening the witness,
Preventing the witnesses from attending the courts, Preventing the
Commissioner from performing his duties are treated as criminal
contempt.( D.C. Saxena v. Chief Justice of India at P 67).
Punishment:Punishment for the criminal contempt is same like civil
contempt.
Punishment for contempt
S.12 Prescribes the punishment for contempt of court. Punishment is same
for the civil as well as the criminal contempt. If the charge of contempt of
court is proved, the Court shall award any one of the following
punishment.
1.Simple imprisonment for a term which may extend to 6 months.
2.Fine which may extend to Rs.2000/-.
3.Both the punishments imprisonment and fine together.
According to S.12(2),For contempt of court any one of the above
mentioned punishment alone can be given and not any other punishment
alone can be given and not any other punishment. But, in Delhi Judicial
Services Association v. State of Gujarat (AIR 1991 SC 2176)the Supreme
Court held punishment not mentioned in S.12 can also be given for
contempt of court.
In Re Vinay Chandra Mishra (AIR 1995 SC2348) the Supreme Court held
that for contempt of court committed by an Advocate, he shall be
suspended from practice for a fixed period or he shall be permanently
restrained from practice.
The Supreme Court Bar Association has filed a review petition against this
order. In which the Supreme Court held that for contempt of court the
court cannot cancel the Advocates right to practice. But, he shall be
suspended from practice for a fixed period.
For the civil contempt, normally fine alone will be imposed. If the court
thinks that fine alone is not a sufficient punishment then he shall be put in
the civil prison instead of ordinary imprisonment.
If the contempt of court is committed by a company in collusion of the
Directors, Secretary and other Managerical staff then shall be detained in
the civil prison.
If the contempt is committed by a firm then the punishment shall be
enforced against the partners of the firm. Defences in Criminal Contempt
Or
Criminal Contempt not Punishable
S.3 to 7 deals with the defences avilable in Criminal Contempt. They are as
follows:

1.Innocent Publication(S.3):A person shall not be guilty of contempt of


court if he had made any innocent publication of any matter pending
before a court without knowing that the matter is pending a court. The
person charge with contempt must prove that publication is made without
knowing that the Matter is pending in the court.
2.Publication Relating to a Decided Case (S.3(2):Publication about the
decided case is not a contempt since the case is already decided by the
court, the publication is not going to interfere with the disposal of the
case. that is why it is not treated as contempt.
3.Distribution of publication without knowing that it contains contempt of
court matter(S.3(3):If a person distributes and publication without knowing
that it contains contempt of court matter then it cannot be treated as
contempt. If the publication does not contain the name and address of the
Author, publisher and printer then this defence cannot be used by the
person distributing such publications.
4.Fair and Accurate Reporting of Judicial Proceedings(S.4):Fair and
accurate reporting of judicial proceedings is not a contempt. This is
because we are following the principle of openness in the matter of
administration of justice.
The following reporting of judicial proceedings though it is fair and
accurate it will be treated as contempt of court.
1.Reporting of the proceedings against any law which is in force.
2.Reporting of the proceedings when the court has prohibited the
reporting in the interest of the general public.
3.Reporting of the proceedings conducted in the judges chamber in the
interest of defence of public order.
4.Reporting of information relating to secret process, discovery or
invention which is an issue in the case.
5.Fair Criticism of Judicial Act(S.5): A proper and fair comment on a
decision is not a contempt of court. Criticism is permitted to the extent
where it does not interfere with the administration of justice. So, it is open
to any one to express fair, reasonable and legitimate criticism of a judicial
decision.
6.Bonafide Complaint against the Presiding Officers of a subordinate
court(S.6): A bonafide complaint made in good faith against the presiding
officer of a subordinate court to the higher authorities, who have control
over such subordinate court, is not a contempt.

7.No Substantial Interference with the Administration of Justice: It means


an act which is technically a contempt but such act does snot substantially
interfere with the administration of justice. For such acts no punishment is
awarded.
Defences in the Civil Contempt or Civil Contempt not Punishable
Following are some of the important defences available to a person
charged with civil contempt.
1.Disobedience of the Order is Not Willful: If the disobedience of the order
is accidental or which is not willful then it’s a good defence in a civil
contempt proceedings.
2.The Order Passed Without Jurisdiction: If the order passed by the court is
without jurisdiction then the disobedience or violation of such order
cannot be treated as contempt of court.
An order passed without jurisdiction is void, hence it won’t bind any
person. The person charged with contempt must prove that the court has
no jurisdiction to pass such order.
3.Order Disobeyed is Vague or Ambiguous: An order is treated as vague if
it is not clear, specific and complete. For violation of such order contempt
proceedings cannot be taken.
4.Order Involves More than One Reasonable Interpretation: If the order of
the court involves more than reasonable interpretation, and one
interpretation is adopted by the party and acted in accordance with such
interpretation then he cannot be held liable for contempt of court for not
following the order interpretation.
5.Compliance with the Order is Impossible: Impossibility means that the
implementation of the order is practically not possible.impossible is
different from mere difficulty. Mere difficulty is not a defence. The person
charged with contempt must prove the impossibility of compliance with
the order.
In Amar Singh v.K.P Geetha Krishnan(1993,I SCR 465)the court has passed
on order to give some benefits to the retired employees. This order was
not implemented. In the contempt proceeding it was argued that the
implementation of the order involves huge expenditure hence compliance
with the order is impossible. The court has not accepted this defence.

6. No Knowledge of the Order: A person cannot be held liable for civil


contempt, if he has no knowledge about the order. If he has knowledge
about the order, through it is not officially communicated to him, then he
cannot put this defence for violation of the order.
Contempt against Subordinate Court
The Contempt of court Act, 1971 confers power only to the Supreme Court
and High Courts to try the contempt of court and award suitable
punishment.
Contempt of court against the subordinate courts shall be tried by the High
court. The concerned subordinate court or the Advocate General of the
state shall file the petition before the High court. In the Union Territories,
the officer authorized in this behalf shall file the petition.
A contempt which comes within the definition of S.228 of I.P.C. shall be
tried and punished by the subordinate courts.
S.228: When judicial proceedings are going on, a person causing
disturbance to the proceedings and thereby shows disrespect to the court
shall be punished with simple imprisonment for a term which may extend
to 6 months or with a fine which may extend to Rs.1000/-or with both.
In the trial of such cases the court shall follow the procedure laid down in
S.345 & 346 of Criminal procedure Code. This section deals with summary
procedure. So the court shall follow summary procedure and no detailed
enquiry is needed.
Contempt Procedure in the Supreme Court or the High Court
The Contempt of the court Act confers the following two types of powers
to the supreme court and the High courts with regard to contempt of
court.
1.Power to punish a person who has committed contempt of court inside
the court(S.14).
2.Power to punish a person who has committed contempt of court outside
the court(S.15).
1.Contempt of Court Inside the Court: When judicial proceedings are going
on, if it appears to the court that a person is guilty of contempt of court in
their presence then the court shall take the following actions.
(i) Pass an order to arrest the person.
(ii) Give a notice in writing immediately regarding the charges against him.
(iii) Offered him opportunity to make his defence to the charge.
(iv) Take such evidence as may be necessary or as may be offered by such
person and hear him.
During the trial, if the person charged with contempt applies either orally
or in writing, for a trial by some other judge other than the judge in whose
presence the alleged contempt is committed then the request along with
the statement of facts of the alleged contempt shall be placed before the
Chief Justice shall be taken as evidence.
If the case is transferred to some other Judge then the judge in whose
presence the alleged contempt was committed need not appear as
witness. The facts submitted by him to the Chief Justice shall be taken as
evidence.
During the pendency of the proceedings, the person charged with
contempt shall be detained in such custody as the court may specify. He
may be released on bail with or without sureties or on a self bond as the
court thinks fit.
In Sugdev Singh v. Teja Singh(AIR 1954 SC 186)the supreme court has
advised that to the extent possible, the judge in whose presence the
alleged contempt was committed, must avoid to conduct the trial by
himself.
2.Contempt of Court Outside the Court: The supreme court or the High
Court shall take action for contempt of court committed outside the court
in the following situations.
(i) on its own motion.
(ii)on a petition made by the Advocate General(in relation to the High
Court)( or the Attorney General or the solicitor General(in relation to the
Supreme Court).
(iii)on a petition by any other person(if consent is given in writing to file
such petition by the Advocate General or Attorney General or Solicitor
General as the case may be).
A person cannot file a contempt of court petition without the consent of
the Advocate General or the Attorney General or the Solicitor General.
After admitting a petition the court shall follow the following procedure.

1.Notice shall be sent to the person charged with contempt.


2.Person charged with contempt shall be allowed to submit his defence in
an affidavit.
3.The trial shall be conducted by persuing the defences submitted by him
or taking such other evidences as may be necessary.
4.The trial shall be conducted by a bench consisting of two judges.
5.If the court feels that the person charged with contempt may abscond
then his properties shall be attached.
Limitation: The limitation period for filing a petition for contempt of court
is one year. After one year even the court cannot take action on its own
motion(s.20).
Contempt by Judicial Officers
S.16 of the Act deals with contempt by judges, Magistrates and other
persons acting Judicially. According to this section these persons are also
liable for contempt of his own court or any other court just like an ordinary
individual. If they are not made liable for contempt then people may lose
faith on judiciary by the contempt act of judges.
Observation or remark made by a Judge regarding a subordinate court in
an appeal or revision pending before him shall not be treated as contempt
of court.
In State of Rajasthan v.Prakash Chand (AIR 1988 SC 1344)the Supreme
Court held that S.16 has no application against the judges of the High
Court and the Supreme Court. So they cannot be punished for contempt of
court.
In B.K.Mishra v.Bhemsen Dixit (1973, 1 SCC 446)the Supreme Court held
that refusal to follow the decision of the High Court or the Supreme Court
by a subordinate court amounts to contempt of court.
No Special Privilege for Advocates: In the contempt of court Act, there is
no special privilege for Advocates. A contempt of court Act, A contempt of
court committed by an Advocate will be dealt with just like a contempt
committed by any other person.
Bar Bench Relations
The court hall where cases are conducted consists of two parts namely:
(i) The place where the judges sit is called as Bench
(ii)The place where the Advocate sit is called as Bar.
So the term `Bench’ refers to the judges and the `Bar’ refers to the
Advocates. Bar-Bench relation means the cardinal relation between the
judges and the Advocates.
The faith on the judiciary to the general public and the speedy justice
mainly depends on the cardinal relation between the judges and the
Advocates. In the Administration of justice the role of Advocates are also
equally important just like the judges. Rendering justice is their joint
responsibility. Without the help of Advocates, it is very difficult for the
judges to arrive a correct decision in a dispute.
If good relation exists between exists between the judges and Advocates
then delay in rendering justice and high expences for getting justice can be
very much reduced. To strengthen the good relation both should have
some good qualities and mutual responsibilities.
Role of the Bar to Strengthen Bar-Bench Relation
To strengthen the Bar-Bench relation, the Advocates must take the
following steps.
1.They should give the due respect to the judges and they must avoid
speaking ill of the judges and the judiciary.
2.They should help the judges in the trial of the cases by presenting the
relevant law in the correct and clear manner. They should never act in
such a way to irritate the judges.
3.If the judges pronounces a wrong order, they should not criticize the
judges. They should try to set right the wrong order through appeal.
4.For getting favourable order they should not give pressure or influence
the judges.
5.If the judges behavior is irritating and disrespect to the Advocates should
not enter in to a direct confrontation with the judge. Through the Bar
Association the matter should be discussed with the judge in his chamber
and shall request to avoid such misbehavior.
Role of the Bench to Strengthen Bar –Bench Relation
Only when Bar-Bench relations are strengthened, people will get
confidence and fair on the Judiciary. To strengthen Bar-Bench relation the
Judges should follow and practice the following.

1.Judicial Respect: Just like the Advocates are giving respect to the Judges
the Judges should also give to the Advocates and the brethren Judges.
2.Patient Hearing: Judges should hear the case with open and respective
mind without any prejudice or bias. They should act only to the interest of
justice. They should give sufficient opportunity for the Advocates to
present the case in full.
3.Impartiality: Judges should act impartialy. They should not act in favour
of any Advocate or a party to the dispute.
4.Avoidance of Interruptions: As far a possible, Judges must avoid
interruptions while the Advocate is examining witnesses and arguing the
case.
Unwarrented interference and adverse comments by the Judges may
upset the Advocates and thereby he may not be able to present the case
properly. This may cause the failure of justice.
Interference may be limited to the following circumstances
(i)to prevent repetition and waste of time
(ii)to check the relevancy
(iii)to get clarifications
(iv)to express courts view on a point and (v)to promote speedy disposal of
the case.
5.Proper Interpretation: During the process of administration of justice,
often the courts have to interpret the Act, Rules, Orders and Notifications
in order to ascertain the actual meaning of the provisions or to remove the
ambiguity or inconsistency. In such cases proper interpretation should be
given with the object of rendering complete justice to the parties.
6.Avoidance of Unreasonable Adjournments: Adjournments are given to
afford reasonable opportunity to the parties to present the case. As far as
possible cases shall not be adjourned without reasonable and sufficient
grounds . Unreasonable adjournment is the main reason for the mounting
arrears of cases and it causes hardship to the parties.
7.Speedy Disposal: `Justice delayed is justice denied’, hence cases should
be disposed off as quickly as possible. When preference is given for
disposal of old cases, care should be given to see that new cases should
not get into arrears.
8.Avoiding Unwarranted comments: Judges should not make any
unwarranted comments in the open court about the Advocates lack of
knowledge in the law. They should not ask any Advocate to leave them
court, without sufficient reasons. Similarly, they should not ask any
Advocate not to come to his court hereafter.
9.Knowing in Law: Judges should possess deep knowledge in law. They
should have the ability to apply the proper law to the disputed facts and to
take the right decision.
10.Independence: Judges have the primary responsibility to protect and
preserve the independence of judiciary, hence they should not yield to the
pressure of the Government.
11.Integrity: A Judge should be honest and morally upright. He should
have personal and intellectual integrity. His character and conduct should
be praise worthy. Then only the Advocates and the general public will have
confidence on him.
12.Industriousness: It means regular and systematic hard work and study.
A Judge should get acquainted with the latest developments and changes
in the law by regular updating of the knowledge.
13.Meeting of Judges and Lawyers: To strengthen Bar-Bench relation, at
regular intervals meeting of judges and the Advocates shall be arranged. In
such meetings the respective sides difficulties can be discussed and the
differences can be sorted out and many other things which is related to.
Criminal contempt
S.2C defines the term `criminal contempt’. It means
(i) Publication of any matter (by words, spoken or written, or
by signs or by visible representation or otherwise.)
(ii) Doing of any other act which
(a) Scandalises or tenda to scandalide, or lowers or tends to
lower the authority of any court; or
(b) Prejudices or interferes or tends to interfere with the due
course of judicial proceeding; or
(c) Interferes or tends to interfere with, or obstructs or tends to
obstruct the Administration of justice.
Publication means publishing something orally or in writing
through news paper, pamplets, radio, television or cinema. conversation
between two persons cannot be treated as publication.
To decide criminal contempt, the absence of criminal
intention on the part of the person who has published the matter
containing criminal contempt or done the act of contempt will not be
taken into account.
In E.M.S.Namboodiripad v.T.N.Nambiar (AIR 1970 SC 2015) the
then Chief Minister of Kerala, Mr.Namboodiripad in a press meet
expressed the following about judiciary. judiciary is responsible for the
suppression of people. Judges are favouring some class of people and
working against the other classes. Judiciary is acting against the interest
of working class and the agriculturist. judiciary is helping the oppressor
group. The supreme court held that the act of Mr. Namboodiripad
amounts to criminal contempt.
Making complaint against a Judge about his misconduct with
sufficient evidence to the higher authorities is not a contempt. But, the
same complaint is published in any manner then it amounts to
contempt.
Preventing the court Amin from executing the court order,
Threatening an Advocate not to appear in a particular case, Threatening
the witness, Preventing the witnesses from attending the courts,
Preventing the Commissioner from performing his duties are treated as
criminal contempt.(see D.C. Saxina v. Chief Justice of India at P 67).
Punishment: Punishment for the criminal contempt is same like
civil contempt.(see p 36)
Punishment for contempt
S.12 Prescribes the punishment for contempt of court.
punishment is same for the civil as well as the criminal contempt. If the
charge of contempt of court is proved, the Court shall award any one of
the following punishment.
1.Simple imprisonment for a term which may extend to 6
months. 2.Fine which may extend to Rs.2000/-.
3.Both the punishments ie., imprisonment and fine together.
According to S.12(2),For contempt of court any one of the
above mentioned punishment alone can be given and not any other
punishment alone can be given and not any other punishment. But, in
Delhi Judicial Services Association v. State of Gujarat (AIR 1991 SC
2176)the Supreme Court held punishment not mentioned in S.12 can
also be given for contempt of court.
In Re Vinay Chandra Mishra (AIR 1995 SC2348)the supreme
court held that for contempt of court committed by an Advocate, he
shall be suspended from practice for a fixed period or he shall be
permanently restrained from practice.
The Supreme Court Bar Association has filed a review petition
against this order. In which the supreme court held that for contempt of
court the court cannot cancel the Advocates right to practice. But,
he shall be suspended from practice for a fixed period.
For the civil contempt, normally fine alone will be imposed. If
the court thinks that fine alone is not a sufficient punishment then he
shall be put in the civil prison instead of ordinary imprisonment.
If the contempt of court is committed by a company in collusion
of the Directors, Secretary and other Managerical staff then shall be
detained in the civil prison.
If the contempt is committed by a firm then the punishment
shall be enforced against the partners of the firm.
Defences in Criminal
Contempt Or
Criminal Contempt not Punishable
S.3 to 7 deals with the defences avilable in Criminal Contempt. They
are as follows:
1. Innocent Publication(S.3):A person shall not be guilty of
contempt of court if he had made any innocent publication of any
matter pending before a court without knowing that the mater is
pending a court. The person charge with contempt must prove that
publication is made without knowing that the Matter is pending in the
court.
2. Publication Relating to a Decided Case (S.3(2)):Publication about

the decided case is not a contempt since the case is already decided by
the court, the publication is not going to interfere with the disposal of
the case. that is why it is not treated as contempt.
3. Distribution of publication without knowing that it contains

contempt of court Matter(S.3(3)): If a person distributes and publication


without knowing that it contains contempt of court matter then it
cannot be treated as contempt. If the publication does not contain the
name and address of the Author, publisher and printer then this defence
cannot be used by the person distributing such publications.
4. Fair and Accurate Reporting of Judicial Proceedings(S.4): Fair and

accurate reporting of judicial proceedings is not a contempt. This is


because we are following the principle of openness in the matter of
administration of justice.
The following reporting of judicial proceedings though it is fair and
accurate it will be treated as contempt of court.
1.Reporting of the proceedings against any law which is in force.
2.Reporting of the proceedings when the court has prohibited
the reporting in the interest of the general public.
3.Reporting of the proceedings conducted in the judges chamber
in the interest of defence of public order.
4.Reporting of information relating to secret process, discovery or
invention which is an issue in the case.
5. Fair Criticism of Judicial Act(S.5): A proper and fair comment on
a decision is not a contempt of court. Criticism is permitted to the extent
where it does not interfere with the administration of justice. So, it is
open to any one to express fair, reasonable and legitimate criticism of a
judicial decision.
6. Bonafide Complaint against the Presiding Officers of a
subordinate court(S.6): A bonafide complaint made in good faith against
the presiding officer of a subordinate court to the higher authorities,
who have control over such subordinate court, is not a contempt.
7. No Substantial Interference with the Administration of Justice: It
means an act which is technically a contempt but such act does snot
substantially interfere with the administration of justice. For such acts
no punishment is awarded.
Defences in the Civil Contempt
or
Civil Contempt not Punishable
Following are some of the important defences available to a person
charged with civil contempt.
1. Disobedience of the Order is Not Willful: If the disobedience of
the order is accidental or which is not willful then it’s a good
defence in a civil contempt proceedings.
2. The Order Passed Without Jurisdiction: If the order passed by the
court is without jurisdiction then the disobedience or violation of
such order cannot be treated as contempt of court.
An order passed without jurisdiction is void, hence it won’t bind
any person. The person charged with contempt must prove that
the court has no jurisdiction to pass such order.
3. Order Disobeyed is Vague or Ambiguous: An order is treated as
vague if it is not clear, specific and complete. For violation of such
order contempt proceedings cannot be taken.
4. Order Involves More than One Reasonable Interpretation: If the
order of the court involves more than reasonable interpretation,
and one interpretation is adopted by the party and acted in
accordance with such interpretation then he cannot be held liable
for contempt of court for not following the order interpretation.
5. Compliance with the Order is Impossible: Impossibility means
that the implementation of the order is practically not
possible
.impossible is different from mere difficulty. Mere difficulty is not
a defence. The person charged with contempt must prove the
impossibility of compliance with the order.
In Amar Singh v.K.P Geatha Krishnan(1993,I SCR 465)the court
has passed on order to give some benefits to the retired employees. This
order was not implemented. In the contempt proceeding it was argued
that the implementation of the order involves huge expenditure hence
compliance with the order is impossible. The court has not accepted this
defence.
6.No Knowledge of the Order: A person cannot be held liable
for civil contempt, if he has no knowledge about the order. If he has
knowledge about the order, through it is not officially communicated to
him, then he cannot put this defence for violation of the order.
Contempt against Subordinate Court
The Contempt of court Act, 1971 confers power only to the
Supreme Court and High Courts to try the contempt of court and award
suitable punishment.
Contempt of court against the subordinate courts shall be tried by
the High court. The concerned subordinate court or the Advocate
General of the state shall file the petition before the High court. In the
Union Territories, the officer authorized in this behalf shall file the
petition.
A contempt which comes within the definition of S.228 of I.P.C.
shall be tried and punished by the subordinate courts.
S.228: When judicial proceedings are going on, a person causing
disturbance to the proceedings and thereby shows disrespect to the
court shall be punished with simple imprisonment for a term which
may extend to 6 months or with a fine which may extend to Rs.1000/-or
with both.
In the trial of such cases the court shall follow the procedure laid
down in S.345 & 346 of Criminal procedure Code. This section deals with
summary procedure. So the court shall follow summary procedure and
no detailed enquiry is needed.
Contempt Procedure in the Supreme
Court or the High Court
The Contempt of the court Act confers the following two types of
powers to the supreme court and the High courts with regard to
contempt of court.
1. Power to punish a person who has committed contempt of court

inside the court(S.14).


2. Power to punish a person who has committed contempt of court

outside the court(S.15).


1. Contempt of Court Inside the Court: When judicial proceedings
are going on, if it appears to the court that a person is guilty of
contempt of court in their presence then the court shall take the
following actions.
(i) Pass an order to arrest the person.
(ii) Give a notice in writing immediately regarding the charges against
him.
(iii) Offered him opportunity to make his defence to the charge.
(iv) Take such evidence as may be necessary or as may be offered by
such person and hear him.
During the trial, if the person charged with contempt applies either
orally or in writing, for a trial by some other judge other than the judge
in whose presence the alleged contempt is committed then the request
along with the statement of facts of the alleged contempt shall be
placed before the Chief Justice shall be taken as evidence.
If the case is transferred to some other Judge then the judge in
whose presence the alleged contempt was committed need not appear
as witness. The facts submitted by him to the Chief Justice shall be taken
as evidence.
During the pendency of the proceedings, the person charged with
contempt shall be detained in such custody as the court may specify. He
may be released on bail with or without sureties or on a self bond as the
court thinks fit.
In Sugdev Singh v. Deeja Singh(AIR 1954 SC 186)the supreme court
has advised that to the extent possible, the judge in whose presence the
alleged contempt was committed, must avoid to conduct the trial by
himself.
2.Contempt of Court Outside the Court: The supreme court or the
High Court shall take action for contempt of court committed outside
the court in the following situations.
(i) On its own motion.
(ii) On a petition made by the Advocate General(in relation to
the High Court)( or the Attorney General or the solicitor
General(in relation to the Supreme Court).
(iii) On a petition by any other person(if consent is given in writing to
file such petition by the Advocate General or Attorney General or
Solicitor General as the case may be).
A person cannot file a contempt of court petition without the
consent of the Advocate General or the Attorney General or the
Solicitor General. After Admitting a petition the court shall follow the
following procedure.
1. Notice shall be sent to the person charged with contempt.

2. Person charged with contempt shall be allowed to submit his

defence in an affidavit.
3. The trial shall be conducted by persuing the defences submitted

by him or taking such other evidences as may be necessary.


4. The trial shall be conducted by a bench consisting of two judges.

5. If the court feels that the person charged with contempt may

abscond then his properties shall be attached.


Limitation: The limitation period for filing a petition for contempt
of court is one year. After one year even the court cannot take action on
its own motion(s.20).
Contempt by Judicial Officers
S.16 of the Act deals with contempt by judges, Magistrates and
other persons acting Judicially. According to this section these persons
are also liable for contempt of his own court or any other court just like
an ordinary individual. If they are not made liable for contempt then
people may lose faith on judiciary by the contempt act of judges.
Observation or remark made by a Judge regarding a subordinate
court in an appeal or revision pending before him shall not be treated as
contempt of court.
In State of Rajasthan v.Prakash Chand (AIR 1988 SC 1344)the
Supreme Court held that S.16 has no application against the judges of
the High Court and the Supreme Court. So they cannot be punished for
contempt of court.
In B.K.Mishra v.Bhemsen Dixit (1973, 1 SCC 446)the Supreme Court
held that refusal to follow the decision of the High Court or the Supreme
Court by a subordinate court amounts to contempt of court.
No Special Privilege for Advocates: In the contempt of court Act, there
is no special privilege for Advocates. A contempt of court Act, A
contempt of court committed by an Advocate will be dealt with just
like a contempt committed by any other person.
Bar Bench Relations
The court hall where cases are conducted consists of two parts namely:
(i) The place where the judges sit is called as Bench
(ii) The place where the Advocate sit is called as Bar.
So the term `Bench’ refers to the judges and the `Bar’ refers to the
Advocates. Bar-Bench relation means the cardial relation between the
judges and the Advocates.
The faith on the judiciary to the general public and the speedy
justice mainly depends on the cardial relation between the judges and
the Advocates. In the Administration of justice the role of Advocates are
also equally important just like the judges. Rendering justice is their joint
responsibility. Without the help of Advocates, it is very difficult for the
judges to arrive a correct decision in a dispute.
If good relation exists between exists between the judges and
Advocates then delay in rendering justice and high expences for getting
justice can be very much reduced. To strengthen the good relation both
should have some good qualities and mutual responsibilities.
Role of the Bar to Strengthen Bar-Bench Relation
To strengthen the Bar-Bench relation, the Advocates must take the
following steps.
1. They should give the due respect to the judges and they must
avoid speaking ill of the judges and the judiciary.
2. They should help the judges in the trial of the cases by
presenting the relevant law in the correct and clear manner.
They should never act in such away to irritate the judges.
3. If the judges pronounces a wrong order, they should not criticize
the judges. They should try to set right the wrong order through
appeal.
4. For getting favourable order they should not give pressure or
influence the judges.
5. If the judges behavior is irritating and disrespect to the
Advocates should not enter in to a direct confrontation with the
judge. Through the Bar Association the matter should be
discussed with the judge in his chamber and shall request to
avoid such misbehavior.(see generally the Duties to the court
at p 16)
Role of the Bench to Strengthen Bar –Bench Relation
Only when Bar-Bench relations are strengthened, people will get
confidence and fair on the Judiciary. To strengthen Bar-Bench relation
the Judges should follow and practice the following.
1. Judicial Respect: Just like the Advocates are giving respect to the
Judges the Judges should also give to the Advocates and the brethren
Judges.
2. Patient Hearing: Judges should hear the case with open and
respective mind without any prejudice or bias. They should act only to
the interest of justice. They should give sufficient opportunity for the
Advocates to present the case in full.
3. Impartiality: Judges should act impartialy. They should not act in
favour of any Advocate or a party to the dispute.
4. Avoidance of Interruptions: As far a possible, Judges must avoid
interruptions while the Advocate is examining witnesses and arguing the
case.
Unwarrented interference and adverse comments by the Judges
may upset the Advocates and thereby he may not be able to present the
case properly. This may cause the failure of justice.
Interference may be limited to the following circumstances(i)to
prevent repetition and waste of time(ii)to check the relevancy(iii)to get
clarifications (iv)to express courts view on a point and (v)to promote
speedy disposal of the case.
5. Proper Interpretation: During the process of administration of
justice, often the courts have to interpret the Act, Rules, Orders and
Notifications in order to ascertain the actual meaning of the provisions
or to remove the ambiguity or inconsistency. In such cases proper
interpretation should be given with the object of rendering complete
justice to the parties.
6. Avoidance of Unreasonable Adjournments: Adjournments are
given to afford reasonable opportunity to the parties to present the
case. As far as possible cases shall not be adjourned without reasonable
and sufficient grounds . Unreasonable adjournment is the main reason
for the mounting arrears of cases and it causes hardship to the parties.
7. Speedy Disposal: `Justice delayed is justice denied’, hence cases
should be disposed off as quickly as possible. When preference is given
for disposal of old cases, care should be given to see that new cases
should not get into arrears.
8.Avoiding Unwarranted comments: Judges should not make any
unwarranted comments in the open court about the Advocates lack of
knowledge in the law. They should not ask any Advocate to leave
the
court, without sufficient reasons. Similarly, they should not ask any
Advocate not to come to his court hereafter.
9.Knowing in Law: Judges should possess deep knowledge in law.
They should have the ability to apply the proper law to the disputed
facts and to take the right decision.
10. Independence: Judges have the primary responsibility to protect
and preserve the independence of judiciary, hence they should not yield
to the pressure of the Government.
11. Integrity: A Judge should be honest and morally upright. He
should have personal and intellectual integrity. His character and
conduct should be praise worthy. Then only the Advocates and the
general public will have confidence on him.
12. Industriousness: It means regular and systematic hard
work and study. A Judge should get acquainted with the latest
developments and changes in the law by regular updating of the
knowledge.
13. Meeting of Judges and Lawyers: To strengthen Bar-Bench
relation, at regular intervals meeting of judges and the Advocates shall
be arranged. In such meetings the respective sides difficulties can be
discussed and the differences can be sorted out.

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