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Judgement |
| CONSTITUTION OF INDIA |
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| CONSTITUTION OF INDIA |
Constitution — Art. 215 — Contempt of Courts Act — S 10 — Contempt of Supreme Court — Suo motu proceedings initiated by the High Court — No part of the alleged contemptuous publications was referred to the High Court of Delhi or any other High Court — The publications did not refer to any Judge or any order of any Court subordinate to the High Court of Delhi— Held, the Supreme Court was and is competent to punish for contempt of itself— the order passed by the High Court appears to us to be without jurisdiction, hence, liable to be set aside. (Para 7 & 11) |
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| CONSTITUTION OF INDIA |
Constitution — Art. 129 — Supreme Court to be a Court of Record — Intention of legislation — the Supreme Court is a Court of Record — & is entitled not only to punish for its own contempt but to do all that which is within the powers of a Court of Record. (Para 10) |
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| CONSTITUTION OF INDIA |
Constitution — Art. 129 — Supreme Court to be a Court of Record — Inherent power of the Supreme Court —Held, since the Constitution has designed the Supreme Court as a Court of Record —Article 129 thereof recognises the existing inherent power of a Court of Record in its full plenitude including the power to punish for its own contempt and the contempt of its subordinate. (Para 10) |
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| CONSTITUTION OF INDIA |
Constitution — Art. 215 — Power of Punishment —Not empowering the High Courts to punish for the contempt of the Supreme Court— Intention of legislation — The logic is simple— If Supreme Court does not — invoke the power to punish for its contempt — there is no question of a subordinate Court to do so. (Para 11) |
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| CONSTITUTION OF INDIA |
Constitution — Art. 19 & 21 — Fundamental Rights vis-à-vis Administration of Criminal Justice — Held, administering criminal justice is a two end process where guarding the ensured rights of the accused under the Constitution is as imperative as ensuring justice to the victim — A just balance between fundamental rights of the accused guaranteed under the Constitution and expansive power of police to investigate a cognizable offence has to be struck by the Court. (Para 14) |
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