Supreme Court lays down the Principles Governing Contempt Jurisdiction (Civil)

 

In the recent case of Balwantbhai Somabhai Bhandari v. Hiralal Somabhai Contractor (Deceased) rep. by Lrs. and Others, 2023 SCC OnLine SC 1139, the Hon’ble Supreme Court discussed the principles governing the Contempt Jurisdiction of the Courts, especially in cases involving Civil Contempt. To know about Criminal Contempt, please read my earlier article Kamini Jaiswal v. Union of India

 

Basically, Contempt of Court simply refers to any conduct that defies the authority or dignity of a court. Since such conduct interferes with the administration of justice, it is usually punishable with a fine or imprisonment. In India, the law governing the contempt of courts is the Contempt of Courts Act, 1971.

 

In order to decide any issue involving the contempt of Courts, following principles need to be kept in mind: -

 

1. “The object of the discipline enforced by the court in case of contempt of court is not to vindicate the dignity of the court or the person of the Judge, but to prevent undue interference with the administration of justice.”

 

2. Public interest necessitates that there should not be any interference with the judicial process. Judicial Decisions are binding and must not be bypassed or circumvented.

 

3. If a party knows about a judicial decision and still if it chooses to violate it, then it is termed as wilful disobedience.

 

4. There are three ingredients for establishing civil contempt of courts, namely, existence of a judicial decision, disobedience of non-compliance of that judicial decision and the disobedience or non-compliance must be wilful.

 

5. The Contempt of Courts Act, 1971, is important to maintain the sanctity of judicial proceedings. Without it, people would lose confidence in the administration of justice.

 

6. There are two types of contempt, civil and criminal. For civil contempt, establishing wilful disobedience is a must.

 

7. What is wilful disobedience is to be established by assessing the evidence available on record and the surrounding circumstances.

 

In the next post, we will discuss a similar issue that involves the meaning of ‘undertaking’ before a court and what happens if there is a breach of such undertaking.