LAWS(MAD)-2024-10-63

A. SHANKAR Vs. R.S. BHARATHI

Decided On October 18, 2024
A. Shankar Appellant
V/S
R.S. Bharathi Respondents

JUDGEMENT

(1.) As a prelude, we remind, on May 18, 1951, when the provisional Parliament of India (the body that succeeded and had mostly the same composition as been Constituent Assembly) was debating the first Constitutional (Amendment Bill). Dr. B.R. Ambedkar discussed the Judgments of the Hon'ble Supreme Court of India in the case of State of Madras v. Chapakam Dorairajan, AIR 1951 SC 226 and Venkataramana v. State of Madras, AIR 1966 SC 1089 and called them "utterly unsatisfactory". The house chided him for disparaging the Apex Court and Dr. B.R. Ambedkar responded:

(2.) The Contempt Petition on hand has been instituted under Sec. 15 of Contempts of Courts Act, 1971, to initiate proceedings for Criminal Contempt against the Respondent for scandalising the office of a Judge of the Hon'ble High Court of Madras for interfering with the administration of justice by attributing bias and impure motives to the Orders of this Court.

(3.) Question arises, whether the relief as such sought for in the Contempt Petition is maintainable under Sec. 15 of the Contempt of Courts Act (hereafter referred as Act) or not.