Parliament urged to amend Contempt of Courts Act

By Our Legal Correspondent

NEW DELHI, SEPT. 22. The Committee on Judicial Accountability and Janhastakshep has called upon Parliament to make suitable amendments to the Contempt of Courts Act (CCA) to provide for fair and legitimate criticism of judges and the judiciary.

A resolution to this effect was passed by the two organisations at a meeting held here today in which eminent lawyers, Mr. F.S. Nariman, Mr. Shanthi Bhushan, Mr. Prashant Bhushan and Mr. N. Ram, Editor, `Frontline', Mr. Vineet Narain, Editor, `Kalchakra', noted writer, Ms. Arundati Roy and others made a forceful plea for bringing amendments to the CCA as at present even fair and legitimate criticism was construed as contempt of court.

The resolution said that the law of contempt in India as currently interpreted by the superior courts was highly antiquated and was acting as a serious impediment to the freedom of speech. ``It is significantly deterring a free and frank discussion and analysis of the courts and judiciary in India''.

The resolution further said that ``the CCA is having the effect of rendering the judiciary beyond public criticism and thus rendering it totally unaccountable. With the impeachment system having practically failed and there being no other system of enforcing accountability of the judiciary, the discouragement of public discussion and criticism of the judiciary is bound to have and is having a deleterious effect on the functioning of our democracy''.

The resolution noted that the power of contempt had been misused by the courts to hold that no motives could be ascribed to judges or courts and that even truth of an imputation could not be pleaded in defence in a charge of contempt and this issue was pending before the Constitution Bench of the Supreme Court for a number of years.

It said ``gagging the people from freely criticising the judiciary and examining the motives of judges cannot be the method of inculcating respect for the judiciary. Respect cannot be forced and must be earned by its action, which must be transparent and open to criticism, however trenchant.

The resolution said that it had become imperative for the people to demand that Parliament amended the CCA. It should be made clear that no criticism of the court, howsoever, severe and no imputation against a judge or the judiciary would constitute contempt of court, unless it was shown that the imputation was baseless and malafide.

In any case such a charge must be heard and tried by a Bench comprising at least five judges, the resolution said and called upon Parliament to make suitable amendments to the CCA to incorporate the above features.

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