Contempt of court
Flabbergasted
(Querist) 25 April 2012
This query is : Resolved
Ye my learned brethren, 'pranam'
My Query:- If I touch-up (by blackening and making unreadable)and upload a recent judgement of a trial court in such a manner that it will not be possible to identify the Court (except by the concerned Judge i.e. if he sees it) or the parties involved. And I do not add any comments or opinions, CAN I BE CHARGED WITH CONTEMPT OF COURT?
I understand that on the basis of just the above facts and circumstances it may not be Contempt, yet I ask this question because any person, who know a little bit about Indian law, reading this judgement will be flabbergasted. You'll recognize the sections concerned but I can guarantee that each and everyone one of you will wonder (i) which law books this judge follows, (ii) does he have a different High Court and Supreme Court?
And I can also guarantee that not one of you will be able to concur with even one of the many legal reasoning in the judgement. To top it all up, the sentence following the judgement totals to 27 years, yes twenty seven years, plus fine (of course as it's to run concurrently in effects it will be 10 years plus fine).
Please give me an answer in light of the new above facts, as anyone who reads the judgement will understand that it's been uploaded as a criticism (even though it does not have any comment or opinion from me)Hence my query, WILL IT BE A CONTEMPT OF COURT?
Raj Kumar Makkad
(Expert) 26 April 2012
No. You cannot be charged for contempt of court on that ground but why are you doing so?
Shonee Kapoor
(Expert) 26 April 2012
Nothing to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Flabbergasted
(Querist) 26 April 2012
Dear Raj Kumar Makkad sahab,
I know that that the convict can get relief quite easily but when i look at it from his point of view, an illiterate rustic, I shudder. He knows that he is absolutely innocent, both in fact and in law. Throughout his trial he's been listening to his lawyer say don't worry, have faith in law, the worst is over and as he and his family were just starting to believe, he finds himself sleeping on concrete, and with 10 more years to go (do you think he'll believe the assurances of his lawyer now)
If it was a question of misinterpretation or even mistake, it would be acceptable, after all judges are human too. But what I find frighting is that this situation is due to complete IGNORANCE. And what terrifies me is that on appeal this person will get relief, but what happens to the judge - nothing. MANY MANY MORE will certainly suffer? Great Power - No Responsibility.
