AIR 1959 SUPREME COURT 102 ::1959 SCR 1367 ::1959 AllCriR 137 ::1959 MadLJ(Cri) 14 ::1960 AndhLT 712 ::1959 MPLJ 251 ::61 Pun LR 343 ::1959 SCJ 86

Supreme Court Of India

(From: Madhya Bharat: Madh BLR 1955 Cri 111) 24th September, 1958.

Hon'ble Judge(s): S. Jafer Imam, S. K. Das, J. L. Kapur , JJJ

(A) Contempt of Courts Act (32 of 1952) , S.3(2)— "Scandalising the Court itself" -Application under S. 528, Criminal P. C. - Aspersions against Magistrate amounting to something more than mere personal insult to Magistrate - Jurisdiction of High Court to take cognisance of contempt. Madh BLR 1955 Cri 111, Reversed. Penal Code (45 of 1860) , S.228— There are innumerable ways by which attempts could be made to hinder or obstruct the due administration of justice in courts and one type of such interference is found in cases where there is an act which amounts to "scandalising the court itself": this scandalising might manifest itself in various ways but in substance it is an attack on individual Judges or the court as a whole with or without reference to particular cases, causing unwarranted and defamatory aspersions upon the character and ability of the Judges. Such conduct is punished as contempt the reason that it tends to create distrust in the popular mind and impair the confidence of the people in the courts which are of prime importance to the litigants in the protection of their rights and liberties:(Para 3) If in its true nature and effect the act complained of is really "scandabsing the court" rather than a mere insult then it is clear that on the ratio of the decision in AIR 1952 SC 149 the jurisdiction ....