AIR 1954 SUPREME COURT 743 ::1968 MadLW 3

Supreme Court Of India

Hon'ble Judge(s): Mehr Chand Mahajan, B. K. Mukherjea, S. R. Das, Vivian Bose, Ghulam Hasan , JJJ

Constitution of India , Art.129, Art.215— Contempt - Interference with course of administration -Punishment. In order to constitute contempt it is not necessary that there should in fact be an actual interference with the course of administration of justice but it is enough if the offending publication is likely or if it tends in any way to interfere with the proper administration of law. The summary jurisdiction exercised by the superior Courts in punishing contempt of their authority exists for the purpose of preventing interference with the course of justice and for maintaining the authority of law as is administered in the Court and thereby affording protection to public interest in the purity of administration of justice. This is certainly an extraordinary power which must be sparingly exercised but where the public interest demands it, the Court will not shrink from exercising it and imposing punishment even by way of imprisonment, in cases where a mere fine may not be adequate.(Para 7 8) The State of Uttar Pradesh having made a declaration under S. 3 of the U. P. State Road Transport Act, 1950, the appellant who carried on business as carrier of passengers and goods by motor buses or lorries under a licence issued by the State Government applied to the Allahabad High Court for a writ of mandamus dire....