AIR 1935 CALCUTTA 419

Calcutta High Court

Hon'ble Judge(s): Derbyshire , C.J. AND Mukerji, Costello, Lort-williams, Jack , JJJ

(A) Contempt of Court - (Per Full Bench, excepting Mukerji, J.) - Contempt of High Court can be punished by summary procedure - Contempt can be committed apart from any case in the High Court. Per Derbyshire, C. J. - The right to punish by summary procedure contempts of Court by scandalising the Court still exists: R. v. Gray, (1900) 2 Q B 36; Rex v. New Statesman, (1928) 44 T L R 301; 1914 Cal 9; 41 Cal 173; Mac Dermott v. Judges of British Guiana, (1868) 2 P C 341 and R. v. Davies, (1906) 1 K B 33, Appr.; 10 Cal 109 and 26 C L J 459, Foll; McLeod v. St. Aubyn, (1899) A C 549 (561), Disc.(Para 423C2 424C1) The contention that there can be no contempt of Court except in respect of a case which has been heard or is pending is wrong.(Para 424C1) It is immaterial whether the attack on the Judge is with reference to a cause about to be tried, or actually under trial, or recently ad judged; in each instance, the tendency is to poison the fountain of justice, to create distrust, and destroy the confidence of the people in the Courts, which are of prime importance to the public in the protection of their rights and liberties.(Para 426C1) Per Costello J. - It cannot be gainsaid that the Courts of Record have an inherent power of punishing ....