Question of contempt
17 years, 5 months ago

Question of contempt

The Hindu  

THE Contempt of Courts Act, 1971, defines civil contempt as wilful disobedience of any judgment, decree, direction, order or other process of a court or wilful breach of an undertaking given to a court. The Supreme Court on September 30 and on October 1 found force in the argument advanced by the All India Anna Dravida Munnetra Kazhagam that the bandh observed in Tamil Nadu on October 1, against the delay in implementing the Sethusamudram Ship Channel Project, was illegal and amounted to contempt of court. The Supreme Court Bench said that from a bare perusal of the courts 1997 decision, it would be clear that neither could anybody give a call for a bandh nor could the same be enforced. Although the explanation of delay in the official receipt of the directions as a ground for not complying with the Courts order is meant to dispel the misgivings of wilful disobedience of the Courts directive, the clarification may fail to convince the Court, especially because the State governments and the DMKs counsel were present when the Bench issued the directions on the morning of September 30. Sorabjee also argued in the same article that as the Bench did not pass any judicial order or direction recommending Presidents Rule, and refrained from expressing any judicial opinion about a breakdown of constitutional machinery in Tamil Nadu, its off-the-cuff observations should not be construed as judicial encroachment and that it was mischievous to raise the bogey of a tussle between the Court and the executive from a single Judges expression of anguish on account of the vehement submission of the AIADMK that the State was flouting the Courts order.

History of this topic

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