Sanctity Of Judicial Proceedings Is Paramount, Otherwise, The Very Edifice Of Democracy Breaks, And Anarchy Reigns: Telangana High Court
Live LawThe Telangana High Court recently observed that the sanctity of judicial proceedings is paramount to a society governed by law. The Court referred to the case of Jagarlmudi Chandramouli v. K.Appa Rao, where it was held that disobedience of an order of the court, whether prohibitive or mandatory, whether made ex parte or upon hearing both parties, or interim or perpetual, amounts to contempt if it is calculated or tends to interfere with the administration of justice, or brings it into disrespect or disregard. It was noted in Patel Rajnikant Dhulabahai v. Patel Chandra Dhulabhai that the following conditions must be satisfied before a person can be held to have committed civil contempt: there must be a judgment, decree, direction, order, writ, or another process of a court; there must be disobedience to such judgment, decree, direction, order, writ or another process of a court; and such disobedience of the judgment, decree, direction, order, writ or another process of a court must be wilful. Referring to Bal Kishan Giri v. State of Uttar Pradesh, the Court noted that "While an apology should not be rejected if the accused makes it bona fides, a conduct which abuses, and makes amockery of, the judicial process of the Court must be dealt with iron hand."