With 1.45 lakh contempt instances pending within the Excessive Courts and Supreme Courtroom, the Union Regulation and Justice Ministry has requested all Ministries to enhance the compliance of judicial orders to cut back the variety of such instances pending in opposition to the federal government.
As per the Contempt of Courts Act, 1971, civil contempt is outlined as wilful disobedience to any judgment, decree, course, order, writ or different technique of a court docket or wilful breach of an enterprise given to a court docket. The legislation defines felony contempt because the publication of any matter that “scandalises or tends to scandalise, or lowers or tends to decrease the authority of, any court docket; or prejudices, or interferes or tends to intrude with, the due course of any judicial continuing; or interferes or tends to intrude with, or obstructs or tends to hinder, the administration of justice in another method.”
With the federal government being the largest litigant, numerous pending contempt petitions concern the Ministries and departments of the Union and state governments. To scale back the pendency of such instances, the Regulation and Justice Ministry has lately written to the secretaries of all ministries and departments urging them to arrange a compliance mechanism.
The ministry wrote on January 3 that Rajya Sabha MP Dr. Ashok Kumar Mittal had made a particular point out of the “rising contempt instances within the nation as a matter of pressing public significance”, whereas talking within the Home on December 4, 2024. Mittal prompt that the federal government ought to arrange an efficient compliance mechanism to enhance compliance with court docket orders in a timebound method so justice is delivered to the litigant.
“On this regard, all of the Ministries/Departments are requested to kindly look into this matter and likewise to ascertain a Compliance Mechanism for efficient well timed implementation of judicial orders which can thereby cut back the contempt instances within the nation,” the ministry wrote.
Whereas the Ministry involved is certain to answer to the MP who has raised a Particular Point out, it isn’t vital that it’s going to implement the suggestion given, a Parliament supply mentioned. In his Particular Point out, Mittal had mentioned that after combating prolonged authorized battles in courts, when litigants get orders of their favour, they’ve to go to authorities workplaces after which transfer contempt petitions to have them carried out. It was “injustice” with the litigant, he mentioned.
In response to the Nationwide Judicial Information Grid as of Wednesday, 942 civil and felony contempt instances had been pending within the Supreme Courtroom and 1.44 lakh within the varied Excessive Courts of the nation. About 60 per cent of the pending contempt instances in Excessive Courts had been in six Excessive Courts — Calcutta, Allahabad, Andhra Pradesh, Telangana, Orissa and Madhya Pradesh.
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Whereas reviewing the Contempt of Courts Act, 1971, the Regulation Fee in its report in 2018 had famous that contempt of court docket was a matter regarding the administration of justice and dignity and authority of judicial tribunals.
“The legislation for contempt, with energy of imposing punishment, ensures respect for the courts within the eyes of the general public by guaranteeing sanction in opposition to conduct which could assail the honour of the courts. Certainly, the courts should be capable of discharge their capabilities with out concern or favour,” the Regulation Fee report mentioned.
