MATHEWS J. NEDUMPARA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition, the Petitioner seeks a declaration that Ss. 2(c)(i), 14, 16 and 17(5) of the Contempt of Courts Act, 1971 (Act of 1971) are unconstitutional and void. The Petitioner also seeks a declaration that Sec. 16 of the Act of 1971 is applicable to the judges of the superior courts, and that Sec. 17(5) of the Act of 1971 has to be read along with the constitutional guarantee enshrined under Article 20(3) of the Constitution of India.

(2.) We have heard Mr. Mathews J. Nedumpara, learned Advocate, appearing in person, Mr. S. Biju, learned Senior Panel Counsel for the Union of India, Dr. K.P. Pradeep, learned counsel for Respondent No. 6 - Bar Association, Ms. B. Vinitha, learned Senior Government Pleader, and Mr. Rajit, learned Standing Counsel for the Bar Council of India.

(3.) The first challenge of the Petitioner to Sec. 2(c)(i) and other provisions of the Act of 1971 is that these provisions violate the fundamental right to freedom of expression enshrined under Article 19(1)