Date:09/01/2003 URL: http://www.thehindu.com/2003/01/09/stories/2003010903341300.htm

National

Centre may amend Contempt of Courts Act

By J. Venkatesan

NEW DELHI JAN. 8. Concerned over the increasing misuse of the provisions of the Contempt of Courts Act (CCA), the Centre is considering amending the Act in the light of the recommendations of the National Commission to Review the Working of the Constitution.

In the Government's perception, the CCA, which regulates powers of courts to punish for their contempt, was being used as an intimidatory weapon. And often courts initiated suo motu contempt proceedings as was done recently by the Karnataka High Court against newspapers and magazines for reporting on the alleged conduct of some judges.

The commission, headed by Justice M.N. Venkatachalaiah, in its recommendations relating to the power of the Supreme Court and the High Courts to punish for their contempt, had suggested that "a proviso should be inserted in Article 129 of the Constitution so as to provide that the power of court to punish for contempt of itself inherent only in the apex court and the High Courts is available as part of the privilege of Parliament and State Legislatures and no other court, tribunal or authority should have or to be conferred with a power to punish for contempt of itself''.

Further, the commission had suggested the addition of an appropriate proviso to Article 19 (2) to the effect "provided that, in matters of contempt, it shall be open to the courts to permit `truth as a defence' on satisfaction as to the bona fides of the plea and it being in public interest''.