THE CONTEMPT OF COURTS ACT, 1971
By:- C.K. AGGARWAL
The law regarding the Contempt of Court needs rethinking and awarding a clear power to the Judiciary for enforcing it against any person big or small. The refusal of the Hon'ble Speaker, to receive the notice or even to file a reply in the Hon'ble Supreme Court in MP's ‘Cash – for – queries' scandal was a case of contempt of court, committed by the law makers themselves. Similarly long ago in 1990 the courts order to demolish unsanctioned (unauthorized floors) of buildings in Delhi constructed by building Mafia can also be viewed in this regard. Again in 1996 Supreme Court framed the landmark VISHAKA guidelines on sexual harassment at the work place. In 1997 again guidelines were issued by Supreme Court regarding working-women sexual harassment at working place and again this year in 2008 instructions are issued regarding Sexual harassment even by gestures or oral words. All these still remain ignored. Why all this disobedience? Why not scrap the law altogether if the courts cannot enforce their own orders and punish the persons disobeying such orders. The role of judiciary is to act like ‘father' in the family. There are number of cases where contempt is ignored by the courts themselves. The continuation of strike by Delhi lawyers for so many days was another case for contempt affecting the rights of hundreds of poor litigants. Again in 1996 the Supreme Court ruled against the misuse of parks for wedding etc. /but, very little is done in this regard to enforce it by the local government? Is it not contempt?
Even in Vishvas Nagar factory fire, which claimed 13 lives, inspite of Supreme Court's specific direction, to shut the unauthorized factories in residential areas much late in 2004 and the incident of November 2005 in which 25 kids were hurt as RTV overturns, direct us all, to think about this Law. This direction was given by Supreme Court much earlier very clearly after the Wazirabad bus tragedy in November 1997. These directions were given by the Court and measures were to be taken by schools for their buses transporting school children, was to be followed by all schools and Delhi Administration which were openly flouted and ignored by most of them. This accident of 2005 occurred due to the negligence of the driver, and the concerned school, was responsible for flouting and disobeying the court/s directions. Since years have passed but no action is taken by any court for flouting and disobeying these instructions and steps to be enforced by the schools, and the officials of Delhi Administration. There are number of such accidents involving school buses and loss by fire. Many such incidents are not even reported or end in compromise. Is it not contempt of court in true sense?
There is a need now, for examining the law of contempt, which is quite old. Are we following the rules laid down by the Supreme Court? The Court has held, earlier, that strikes, bandhs, stoppage of work etc. to protest, is illegal. The case of BJP and Shiv Sena where the two groups were imposed a fine of Rs. 25,00,000/- each by the Hon'ble High Court and the Hon'ble Supreme Court asked them firstly to deposit the same, for hearing their appeals was the right step. What was the effect upon Communist Party in this regard? Were they also fined for strike on 29/9/2005, which resulted in complete financial break down in the country? Is it justified by a supporting party to go on strike when all the FISCAL decisions are taken in cooperation and support by such a party, for the economic growth of the country, with full participation in COMMON MINIMUM PROGRAMME? But no, it seems that the strike by Communist Party was nothing but simply politicizing the issue and for fetching votes. Did the government file a case against the Communist Party? No. Nobody can file a suit against his own self and get the fine imposed upon himself. Has this All India strike not resulted in huge losses to our economy? Even our Finance Minister declared that a huge loss has taken place and instructed the banks to work overtime on Saturdays because of continuous holidays and damage due to strike. None of us moved the court in the form of a PIL nor the court acted suo-motto? Even now the recent increase in petrol, diesel and gas prices are protested by most of the political parties in the form of strikes and Bandhs etc., resulting in loss of crores of Rupees every day. All these aspects are to be taken under the law of contempt. Whether disobeying the Supreme Court order is contempt or not, is required to be examined?
Already reservation on the basis of religion is declared illegal by the Hon'ble Supreme Court. The Supreme Court has observed in a case that the reservation policy of the government needs a stoppage somewhere. The Supreme Court had indicated that this policy should be curtailed if not immediately, end it slowly, as it is simply establishing vote banks. In almost all election manifestos of major political parties the leaders declare the quota for various groups such as 5% for a particular religious group. Why? All judgments of the Apex Court are to be followed by courts below as all such orders become the law of land. The strike by Gujjars in Rajasthan damaging property worth several crores is also due to the laxity in enforcement of this law.
But what if such directions of the Supreme Court are not followed by Government or even by very senior executives in Government offices, who want the employees to go to courts individually, for their rights thereby increasing the work of courts? Is it not contempt of court? Is the reservation in service and admission in higher learning institutes on the basis of religion justified, as done by few States. We have to make the contempt rules more simple and understandable by masses, in general. Further the punishment should be imposed by summary trials otherwise years and years are lost in first establishing the contempt then the guilty moves higher courts of appeal to escape the punishment. As such this law needs a thorough rethinking.
It is high time that the Apex Court enforces this Act more effectively and meaningfully. It should punish the culprit in the shortest period of time by summary trial and should be made non-appealable. In the next elections the political parties in their election manifestos or common minimum programs, should be debarred from claiming any reservation on religion basis and such other factors. Huge fines should be imposed upon such political parties, as these parties cannot be awarded jail term. Why not impose fine upon a political party for instigating the workers to go on strike and the responsible officers accountable, for this contempt, to be awarded both imprisonment and cash fines to be deducted from their salaries? Somebody has to come forward from the judiciary suo-motto to see that the procedure is followed properly and in true spirits. But who will come forward? “We have to take care of our vote bank first and that of country or law later”.
Even the observations of our Law Minister and other Government officials regarding the working of Supreme Court, its judges, its procedure, though in different words, amounted to contempt of court. The observations of Supreme Court regarding filling the vacancies of judges in High Courts are very timely. The Hon'ble Chief Justice has very rightly said, not in so many words, the Government should follow these instructions without fail. But what about the appointment of High Court and Subordinate Court Judges? Still many posts are lying vacant in various High Courts. Why? Is the government not responsible for this act of negligence? Who is responsible and accountable for this negligence? Is it not contempt of court? To conclude one can say that the Law of Contempt should be given a fresh look to meet the challenges, now appearing in economic and political fronts in India or it should finally be scraped from Law Books. |