Contempt case against Kerala CPI(M) leader

• The Kerala High Court recently initiated a suo motu contempt of court case against C.V. Varghese, Idukki district secretary of the ruling Communist Party of India (Marxist).
• The court observed that there had been prima facie violation of the court order by the party by undertaking construction activities despite the secretary being a party to the case.

Contempt of Court

• It is a legal offence committed by someone who disobeys a judge or otherwise interrupts the legal process in court.
• The expression ‘contempt of court’ has not been defined by the Constitution.

Constitutional Provisions

• Article 129 of the Constitution conferred on the Supreme Court the power to punish contempt of itself.
• Article 142(2) enables the Supreme Court to investigate and punish any contempt of the Supreme Court of itself.
• Article 215 conferred a corresponding power on the High Courts.

Contempt of Courts Act of 1971

• According to the Contempt of Courts Act of 1971, contempt of court can be either civil or criminal
• Civil contempt refers to wilful disobedience to any judgement of the court.
• Criminal contempt can be invoked if an act
  • Tends to scandalise or lower the authority of the court.
  • Tends to interfere with the due course of any judicial proceeding.
  • Obstructs the administration of justice.

Punishment For Contempt Of Court

• Either simple imprisonment for up to six months or a fine of up to Rs. 2,000 or both.
• SC in 1991: It has the authority to penalise for contempt not only itself, but also all other high courts, subordinate courts and tribunals in the country.
• Section 10, Contempt of Courts Act of 1971: High Courts have been given unique powers to punish contempt of subordinate courts.

Prelims Takeaway

• Contempt of Court
• Supreme Court
• High Court