Swami Sadashiva Brahmendra Sar (Nil) 20 May 2009

contempt of court by a judge

Friends ! can a contempt be filed against a judge for making irrelevant and defamatory remarks against advocate in court room ?

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9 Replies

kartikeya (lawyer/cyber law consultant/cyber crime investigator) 20 May 2009

The Contempt of Courts Act, 1971

Section 16. Contempt by judge, magistrate or other person acting judicially - (1) Subject to the provisions of any law for the time being in force, a judge, magistrate or other persons act in judicially shall also be liable for contempt of his own court or of any other court in the same manner as any other individual is liable and the provisions of this Act, so far as may be, apply accordingly.

(2) Notwithstanding in this section shall apply to any observations or remarks made by a judge, magistrate or other person act in judicially, regarding a subordinate court in an appeal or revision pending before such judge, magistrate or other person against the order or judgement of the subordinate court.

COMMENTS

(i) Only a Judge of a subordinate court can be said to have committed contempt of his own court i.e. the court in which such judge is presiding; Harish Chandra v.S. Ali Ahmed, 1987 Cr LJ 320 (Pat).

(ii) A judge can foul judicial administration by misdemeanors while engaged in the exercise of the functions of a Judge; Baradakanta v. The Registrar, Orissa High Court, AIR 1974 SC 710.

(iii) The Magistrates should be conscious of their heavy responsibilities and should not act in a manner prejudicial to the litigants; B.N. Choudhary v.S.M. Singh, 1967 Cr LJ 1141 (Pat).

(iv) When the President Officer of a subordinate Court is guilty of contempt of Court, procedure of making a reference cannot apply under section 15 of the Act; Berely v.Xaviery, 1988 Cr LJ 90.

K.C.Suresh (Advocate) 21 May 2009

Karthi has done it well Dr. Np more remarks necessary

Swami Sadashiva Brahmendra Sar (Nil) 21 May 2009

Thanks suresh ji

B.B.R.Goud. ( Faculty) 06 June 2009

thanks for giving valuable info... mr karthikeya...

S. K. MISHRA (RTI Activist & Accountant Mob. 09872439347) 31 December 2010

Dear Mr. Kartikeya Ji, Suresh Ji, & Tripathi Ji,

During the hearing at State Information Commission Punjab on 10-6-2010, PIO cum SDM-I Amritsar has submitted a written reply that - a case u/s 145, 146 Cr.PC is Pending.

I have the copy of judgement dated 15-9-2000 of Hon'ble Supreme Court of India vide which they have quashed (set aside) such proceedings u/s 145, 146 Cr.PC.

Sir, can you tell me that above statement of SDM is a Contempt of Court or not ? Can I file a contampt application in Supreme Court of India against SDM-I Amritsar ?

RAJ KISHORE VAISH (TEACHER CITIZEN OF INDIA) 01 January 2011

Dear Sir/mam,

Please read about the Contempt Petition No.203 0f 1996 Supreme Court of india then file any contempt petition before the S.C.Whole Matter yu can get from S.C.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com) 02 January 2011

Tripathi ji you are a senior advocate why fuss about small matters.

Prof. P S Sawhney (none) 14 July 2015

In my opinion a judge can certainly commit the contempt of his own court if hears any application without getting a copy of the same to the other party..