CONTEMPT
OF COURT - POLITY
News:
CAT contempt of court
orders appealable only before Supreme Court: Allahabad High Court
What's
in the news?
●
The Allahabad High Court recently stated
that orders passed by the Central Administrative Tribunal (CAT) under the
Contempt of Courts Act, 1971, can only be appealed to the Supreme Court and not
to the High Court.
Contempt
of Court:
Constitutional
Provisions:
●
Article
129
of the Constitution designates the Supreme Court as the 'Court of Record,'
granting it powers to punish for contempt of itself.
●
Article
215
similarly confers this power on High Courts.
Types
of Contempt:
The Contempt of Courts
Act, 1971, delineates contempt as either civil or criminal.
1.
Civil Contempt:
●
Involves wilful disobedience to court
judgments, decrees, orders, or breach of undertakings given to a court.
2.
Criminal Contempt:
●
Encompasses acts such as publishing matter
or engaging in conduct that scandalizes or lowers the authority of a court,
prejudices judicial proceedings, or obstructs the administration of justice.
Punishment:
●
Contempt of court can lead to simple imprisonment up to six months, a
fine up to two thousand rupees, or both.
●
An apology
accepted by the court may result in discharge or remittance of the
punishment.
Exceptions:
●
Fair
and accurate reporting of judicial proceedings and
reasonable criticism of judicial orders post-case disposal do not amount to
contempt of court.