Striking Too Hard

Context: Judiciary must use its power to punish for contempt sparingly and softly.

Grounds for Contempt of Court proceedings

• Making undoubtedly false, malicious and scandalous allegations against Judiciary based on distorted facts.
• Actions undermining the dignity and authority of the Supreme Court (SC)  and the Chief Justice of India.

• Contempt proceedings must also consider the effects upon national honour and prestige in the comity of nations.
•  This enhancement might indict the process of judicial accountability.
• Stock-in-trade predictions of judicial outcome might constitute criminal contempt.

Defining the Contempt of Court: 

• Recognising the divided public opinion:
• The 274th report of the Law Commission (2018): the recommended continuance of the Contempt.
• However, it also cited the high number of pending cases (586) related to contempt of court in 2016-17.
• Restricting the arbitrary use: The Apex court in 1974 held that Contempt action should be substantial and mala fide interference with fearless judicial action, not fair comment or trivial reflections on the judicial process and personnel.
• Judicial Accountability lies within:
• “Need for a more rapid and immediate redress whenever men’s allegiance to the law is fundamentally shaken.” – Justice Wilmot in 1765.
• Article 129 declares the SC to be a “court of record” and bestows upon it the power to punish for contempt of itself, which also applies to the judiciary itself.
• Power to punish for contempt is a constitutional power and cannot be taken away or abridged by statute or by the judiciary.
• Determination of Quantum of Punishment: lies in the judicial wisdom, and thus it can invoke most minimal sentences such as - 

• Small fine
• Incarceration till the rising of the court
• Minor prison sentence now subject to bail in the COVID-19 situation.

Conclusion: Courts will have to consider whether the tasks of magnanimous justice end or begin when a conviction has been recorded.

Quotes

Shakespeare: “O, it is excellent/ To have a giant’s strength, but it is tyrannous to use it like a giant.”

Other related articles:

Prashant Bhushan judgment spells out a chilling lesson which undermines that most valuable fundamental right — the freedom of speech

The Supreme Court has broad shoulders. By convicting Prashant Bhushan for contempt, it diminishes itself.

SC holds Prashant Bhushan guilty of contempt: What the verdict means