AIR 1959 CALCUTTA 174 ::62 Cal WN 862

Calcutta High Court

Hon'ble Judge(s): K. C. Das Gupta, S. C. Lahiri, P. R. Mukharji , JJJ

(A) Contempt of Courts Act (32 of 1952) , S.1— Contempt - Communication to judge about pending cases. A person who addresses a letter to the Chief Justice, requesting him to intercede with the trial judge to delay the judgment so as to give time to the defendant who is in distressed circumstances, to manage to settle up the claim, and causes it to be delivered to the Chief Justice, is guilty of a contempt of the High Court.(Para 6) So also the person who aids and abets that person in committing the contempt and further makes a statement himself about the plight of the defendant to the Chief Justice is liable for contempt.(Para 8) K.C. Das Gupta, J. : That the contemner addressed such a letter because he was overwhelmed by his sympathy for the defendant and the sufferings of his family does not provide the slightest justification or extenuation of his conduct.(Para 5) S.C. Lahiri, J. : The question of intention of the contemnor is hardly material in a case of contempt.(Para 9) P.B. Mukharji, J. : Attempt to procure justice by correspondence by unauthorised persons, claiming to be inspired by sympathy and altruism defeats the integrity and impartiality of justice. The offence of contempt is complete by the attempt and does not depend on a....