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belated apology hardly shows the 'contrition which is the essence of the purging of a contempt'.

Raj Kumar Makkad ,
  28 May 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Contempt of Court - Criminal Contempt - Section 2 (c) of Contempt of Court Act - Whether High Court correct in upholding the Appellant guilty for criminal contempt in the instant case?
Citation :
Ranbir Yadav v. State of Bihar (Decided 12.05.2010) MANU/SC/0364/2010

Held, section 2(c)(ii) has been enacted to protect apart from sanctity, the regularity and purity of a judicial proceeding. The offending acts of the Appellant constitute contempt in the face of Court. When contempt takes place in the face of the Court, peoples' faith in the administration of justice receives a severe jolt and precious judicial time is wasted. Therefore, the offending acts of the Appellant certainly come within the ambit of interference with the due course of judicial proceeding and are a clear case of criminal contempt in the face of the Court. High Court correct in upholding the Appellant guilty of Contempt. Belated apology cannot be entertained. An apology in a contempt proceeding must be offered at the earliest possible opportunity. A belated apology hardly shows the 'contrition which is the essence of the purging of a contempt'.

 

 
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Published in Criminal Law
Views : 1352




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