Contempt of Courts Act: Karnataka High Court notice to Centre on PIL

The High Court on Tuesday ordered notice to the Ministry of Law and Justice in response to a PIL filed challenging the constitutional validity of Section 2(c)(i) of the Contempt of Courts Act, 1971. The petition is filed by senior journalists N Ram, Krishna Prasad, former union minister Arun Shourie along with Supreme Court advocate Prashant Bhushan.

The petitioners said that as journalists, social activists and opinion makers, they are concerned about Section 2(c)(i) of the Act and the chilling effect on the freedom of speech. The petitioners contended that the Section is violative of Articles 19 and 14 of the Constitution. The petitioners said they all had a tryst with contempt proceedings, especially under Section 2(c)(i).

The petition contended that the Section violates the right to free speech and expression under Article 19(1)(a) and does not amount to a reasonable restriction under Article 19(2).

The petitioners said that even under Article 19(2), it would be disproportionate and unreasonable. “The offence of 'scandalising the court' is rooted in colonial assumptions and objects, which have no place in legal orders committed to democratic constitutionalism and the maintenance of an open robust public sphere,” the petition said.

The petitioners stated that guidelines and rules must be framed in regards to Section 2(c) of the Act as a whole.

“These Guidelines and Rules must be framed so as to avoid the violation of principles of natural justice as well as arbitrary exercise of power by individual judges,” the petition said.

Apart from seeking direction to declare Section 2(c)(i) of the Act as violative of the Constitution, the petition has prayed for the framing of Rules and Guidelines that define the process for the superior courts to follow while taking criminal contempt action, keeping in mind principles of natural justice and fairness.

A division bench headed by Chief Justice Abhay Shreeniwas Oka also ordered notice to the Attorney General of India as constitutional validity of a central legislation is challenged.

Three of the present petitioners - Ram, Shourie and Bhushan - had approached the Supreme Court in August 2020 challenging the very Section. The Supreme Court disposed of the petition with a liberty, as sought by the petitioners, to approach the High Court.