Tempting To Contempt – Authentic Or Anathematic?

Scandalising the court Lord Atkin, the famous British Judge while dealing with a contempt case in 1936, observed: "Justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of ordinary men." Justice Ruma Pal, a former Judge of the Supreme Court, flayed the use of contempt, where she said, "Judges are fierce in using the word as a sword to take action in contempt against critics. She pointed out some of the sins, which included the sin of "brushing under the carpet", or turning a Nelsonian eye, where many judges who are aware of injudicious conduct of a colleague have either ignored it or refused to confront the judge concerned, and suppressed any public discussion on the issue, often through the great silencer – the law of contempt. The Court as the upholder of the rule of law and as the bulwark of the citizen's rights in a democratic constitution, should maintain the dignity and status of their office by the quality of their judgments, the fearlessness and fairness of their approach, and by the restraint, dignity and decorum which they observe in their judicial conduct and not by shielding themselves from criticism and silencing public opinion, causing resentment, suspicion and contempt.