| Baradakanta Mishra v. Registrar, Orissa High Court (A.I.R. 1974 S.C. 710) |
Vilificatory criticism of a judge, including in administrative/non-adjudicatory matters, may amount to criminal contempt; all sub-clauses of section 2(c) deal with obstruction/interference with administration of justice; no distinction between judicial and administrative functions for contempt purposes where those functions are "judicial-cum-para-judicial". |
The Court relied on this Supreme Court pronouncement extensively to frame the legal test: that scandalising allegations against the judiciary—even relating to administrative acts intimately associated with judicial power—can constitute contempt and are not justified simply because they concern administrative functions. |
| Registrar of the Orissa High Court v. Baradakanta Misra (A.I.R. 1973 Orissa 244) |
Survey of English and Indian decisions supporting the proposition that scandalising judges or judiciary may be contempt. |
Referred to by the Court as an exhaustive survey; used to reinforce the proposition that scandalising contempt remains part of the law and is relevant to the interpretation of s.2(c). |
| Narayan Nambiar v. E.M. Sankaran Namboodripad (1968 K.L.T.) |
Contains a dissent (Mathew, J.) discussing the American approach to free speech and contempt; the American approach was not accepted by the Supreme Court in later authorities. |
Cited as an example of an alternative (American) approach to free speech which the Supreme Court did not adopt; used in the context of rejecting too broad a freedom of speech defence in contempt matters. |
| Bennett Coleman & Co. v. Union of India (1973 A.I.R. S.C. 106) |
Discussion (including Mathew, J.'s dissent) on the press as purveyors of opinion and the need for regulation; context for press freedoms versus restrictions. |
Referenced in the discussion of competing approaches to freedom of speech and press; used to show the legislative and judicial balancing in India contrary to an absolute American model. |
| Kesavananda Bharati v. State of Kerala (reference to Mathew J.'s views) (1973 A.I.R. S.C. 1461) |
Mathew, J.'s earlier views on press and opinion noted by the Court in the context of free speech jurisprudence. |
Cited to illustrate prior judicial thought on press freedom; used only as contextual material in the Court's broader analysis of the balance between free speech and contempt law. |
| St. James's Evening Post case (1742) — observations of Lord Chancellor Hardwicke |
Historical authority emphasizing balance between free speech and keeping the stream of justice clear and pure. |
Quoted by the Court to support the proposition that free speech is balanced against protecting the administration of justice. |
| Rex v. B.S. Nayyar (A.I.R. 1950 All 549) |
One of the cases discussed in the context of attempts to distinguish judicial and administrative tasks of judges. |
Noted by the Court as part of authorities where a distinction had been attempted; the Court observed the law is otherwise uniform and these cases were identified for discussion only. |
| State of U.P. v. Shyamasunder Lal (A.I.R. 1954 All 308) |
Another case noted concerning judicial/administrative distinction. |
Noted by the Court among the few cases that attempted the distinction; not treated as altering the prevailing law that administrative acts intimately associated with judicial power can be within contempt's ambit. |
| K. Damodaran v. Induchoodan (A.I.R. 1961 Kerala 321) |
Similarly noted in the context of the judicial/administrative distinction. |
Referred to for completeness; Court did not treat these decisions as undermining the principle that administrative functions connected to judicial power may attract contempt liability. |
| Debi Prasad Sharma v. King-Emperor (A.I.R. 1943 P.C. 202) |
Lord Atkin's observations: a public denial by a judge could have allayed public mischief; if a circular is alleged to be issued by the Chief Justice under High Court authority that could lower the court's prestige and potentially be contempt. |
Quoted and analysed to show the proper narrow ratio: allegations said to be made under authority of the court can be contempt; used to reject overbroad readings that would immunize criticism simply because it is administrative. |
| Brahma Prakash Sharma v. Sham Lal (1954 A.I.R. S.C. 10) |
Principle that aspersions which tend to create distrust in the public mind impair confidence in courts and can constitute scandalising contempt; contempt is protection for the public interest not for judges personally. |
The Court relied on this authority to stress that contempt proceedings protect public confidence in the administration of justice rather than merely protecting judges' personal feelings. |
| In re P.C. Sen (1970 A.I.R. S.C. 1821) |
Courts should not initiate contempt proceedings for mere technical contempts; requirement of substantial interference (related to s.13) with due course of justice. |
Invoked to remind that s.13 requires the court to be satisfied of substantial interference and that trivial or technical contempts are not to be proceeded with lightly. |
| Narayan Namboodripad case(s) — various citations (including Namboodripad v. Narayan) |
Supreme Court authority on scandalising and weakening authority of law as foundation for contempt convictions; "freedom of speech goes far but not far enough to condone a real case of contempt". |
Used by the Court to underline that freedom of speech is limited where statements substantially interfere with administration of justice or scandalise the judiciary. |
| Perspective Publications v. State of Maharashtra (1971 A.I.R. S.C. 221/222) |
Affirms that committals for scandalising the court have not become obsolete; supports continuing relevance of scandalising contempt. |
Relied upon to reject the contention that scandalising contempt is obsolete and to hold that the statutory inclusion of scandalising within s.2(c) is consistent with established law. |
| Gobind Ram v. State of Maharashtra (1972 A.I.R. S.C. 989) |
Cited as part of the chain of authorities dealing with scandalising and contempt. |
Referred to in support of the general proposition that scandalising contempt persists in Indian jurisprudence. |
| Dinabandhu Sahu v. State of Orissa (1972 A.I.R. S.C. 180) |
Criticism of the Chief Justice's speech held to constitute contempt (apology at appellate stage). |
Used as an example where criticism of a Chief Justice in a public speech was found to amount to contempt, reinforcing the scope of scandalising contempt. |
| N. Rajagopala Rao v. Murtuza Mujtahdi (1974 (1) A.L.T. 171 — Andhra Pradesh) |
Any attempt to shake the confidence of the people, when the court has jurisdiction, strikes at the root of democracy. |
Referred to by the Court as supporting the proposition that protecting public confidence in judicial institutions is essential and that scandalising attacks are therefore serious. |
| Ex parte Turner (1844) and related English authorities (Van Sandau v. Turner (1845); Onslow & Whelley (1873); In re Bahama Islands (1893)) |
English authorities categorising libels on the integrity of the Court or judges as scandalising contempt; to charge a judge with injustice is a grievous contempt and accusing a judge of corruption more serious. |
Invoked as historical and comparative material to show longstanding treatment of scandalising attacks as contempt and to explain the rationale that protection is for the public interest in the administration of justice. |
| Ambard v. Attorney General for Trinidad & Tobago (1936 A.C. 322) |
Lord Atkin's admonition that criticism is permissible provided members of the public abstain from imputing improper motives to those involved in administration of justice. |
Quoted by the Court (via other authorities) to underline limits on imputations of improper motives against judicial officers and support the principle that mere criticism is allowed but imputations of mala fide conduct are not. |
| Queen v. Gray (1900 2 Q.B. 36) |
A post-1899 English example demonstrating that scandalising contempt continued to be prosecuted. |
Used to counter the notion that scandalising contempt had become obsolete in England. |
| State of Madhya Pradesh v. Revashankar (1959 A.I.R. S.C. 102) |
Quoted authorities stressing that the object of contempt proceedings is to protect the public interest in confidence in courts rather than the personal feelings of judges. |
Applied to reinforce that contempt law protects public confidence in the administration of justice. |
| Advocate-General, Andhra Pradesh v. V. Ramana Rao (A.I.R. 1967 A.P. 299) |
When malicious attacks are made on judges, evidence to justify such allegations cannot be allowed in contempt proceedings. |
The Court relied on this authority to reject the respondent's request to lead evidence and to insist that scandalising allegations cannot be justified by proof in the contempt forum. |
| C.K. Daphtary v. O.P. Gupta (A.I.R. 1971 S.C. 1132) |
Evidence to justify allegations of vilification of judges was not permitted; supports barring justification evidence where contempt is scandalising. |
Relied upon by the Court to reject the respondent's claim that s.17(5) allowed him to bring in evidence to support scandalising allegations. |
| Legal Remembrancer v. B.B. Das Gupta (I.L.R. (1953) 32 Pat. 1069) |
Historic tests forming part of the meaning of contempt prior to the Constitution; such meaning was known to the framers and does not unreasonably restrict freedom of speech. |
Quoted in support of the view that the existing meaning of contempt (protecting public confidence) is consistent with constitutional freedoms and that challenges under Article 19 are not novel. |
| Court of its own Motion v. Sant Ram (Crl. O.83 of 1974, decided 8 May 1975) |
Discussion of how material dealt with in official course within the Court may constitute publication. |
Applied by the bench to conclude that the impugned letter, having been processed in official channels and not marked confidential, amounted to publication and so the respondent's "no publicity" defence failed. |