WHAT IS NOT CONTEMPT OF COURT

The very question that “Can Judiciary be subjected to criticism?” has been a subject of debate since ages, it has been a huge dilemma for the noble laureates in the legal community as on one hand it upholds the dignity of the courts and on the other it restricts the freedom of speech of the public. Leaving the debate aside for now, the question that I wish to focus upon is what is the people’s general perception about the use of contempt laws by the courts?

India being a country of more than 1.3 billion people will obviously have not one but many opinions about the legislation, some in complete opposition to it while some in its support and there will also be a few who would lay somewhere in the middle

 

The Relation between the “The Great Trial of 1922” and Contempt of Court Act

The Father of the Nation, Mr. M.K. Gandhi was charged under the sedition law for writing an article that was considered against the British colonial government and as “bringing or attempting to excite disaffection towards the British Government established by law in British India”. The most astonishing and legendary thing about this trial was that Mr. Gandhi never once refused the claims on him and accepted all the charges against him and asked the judge to give him the most “severe” penalty possible, Gandhi ji bluntly reminded the Government that “affection cannot be manufactured, or regulated by, law”, he even told the judge that he should retire and leave law if he truly thinks that Mr. Gandhi is not guilty, he also told him that he is not asking for mercy but performing his duties as a civilian of the country, he with his remarkable oratory skills tried to sensitize the whole courtroom,the point that I am trying to convey through this piece of history is why was he charged in the first place, the colonial government couldn’t even tolerate some meek criticism by a “half-naked fakir” and a similar kind of situation is being continued in today’s era when the courts can’t tolerate or hear any criticism against them, is it their dignity or their egos that they are protecting?

 

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