Judge of subordinate court can not be held guilty for contempt of court for every breach of order of superior court
It is not necessary to multiply authorities on this issue except to observe that unless the act of commission or omission is established to be wilful and/or is replete with mens rea, it would not constitute contempt of Court.
Whether it is a civil contempt or criminal contempt, the quintessence, is, thatthe breach must be a wilful breach or wilful disobedience or replete with mens rea. If the Judge of the subordinate Court were to commit some error in discharge of his/her official or judicial duty or functions, that per se cannot be the basis to proceed against the judicial officer. It may be apposite (8) 2010(6) SCC 417
to advert to Section 3 of the Judges (Protection) Act, 1985, which opens with non obstant clause. It gives additional protection to the judges in this behalf. Section 3 of the said Act reads thus: "3. Additional protection to Judges. -(1) Notwithstanding anything contained in any other law for the time being in force and subject to the provisions of sub-sec.(2), no Court shall entertain or continue any civil or criminal proceeding against any person who is or was a Judge for any act, thing or word committed, done or spoken by him when, or in the course of, acting or puporting to ac
