Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Neutral Citations
1987 INSC 277
Equivalent Citations
citation codes
Case Number
Disposition
Advocates
Judges
Acts
  • Contempt of Courts Act
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Neutral Citations
1987 INSC 277
Equivalent Citations
citation codes
Case Number
Disposition
Advocates
Judges
Acts
  • Contempt of Courts Act
Smart Summary

Factual and Procedural Background

An advocate of the Court filed a writ petition styled as a public interest litigation (PIL). The matter had previously been listed, and the learned Attorney General appeared for the Union of India. Upon the present listing, the Court heard the petitioner in person. The petition consisted of wide-ranging allegations directed at the Court itself and other constitutional institutions, couched in language the bench found “unsavoury” and derogatory. After considering the contents and tone of the petition, the Court proceeded to decide its maintainability and contemplate contempt proceedings.

Legal Issues Presented

  1. Whether the writ petition, presented as a public interest litigation, disclosed any substance warranting adjudication by the Court.
  2. Whether the language and allegations contained in the petition constituted prima facie contempt of court, justifying initiation of proceedings under the Contempt of Courts Act.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court undertook a qualitative assessment of the petition’s contents and structure:

  • Derogatory Language: Numerous passages characterised the Court as “a constitutional liability” and compared its functioning to “Kumbhkarna,” which the bench regarded as an intentional attempt to denigrate the institution.
  • Prima Facie Contempt: The cumulative effect of the allegations led the Court to a prima facie view that the petitioner was guilty of contempt for lowering the authority of the apex judicial institution in public esteem.
  • Lack of Coherent Pleadings: The petition was described as “careless,” “meaningless” in parts, and internally contradictory, containing irrelevant material apparently added only to inflate its length.
  • Public Interest Element Absent: Although styled as a PIL, the Court found the petition to be “an act against public interest,” diverging from the standards of self-restraint required in public interest litigation.
  • Need for Deterrence: Given the petitioner’s status as an advocate of considerable experience, the Court viewed the conduct as particularly irresponsible, warranting strong judicial response.

Holding and Implications

HOLDING: The writ petition is DISMISSED. The Registry is directed to draw up contempt proceedings and issue notice to the petitioner to show cause in person on 9 November 1987. The Registry is further directed not to entertain any future public interest litigation filed by the petitioner.

Implications: The immediate effect is the termination of the present PIL and initiation of contempt proceedings against the petitioner-advocate. Additionally, the petitioner is effectively barred from filing future PILs, serving as a cautionary measure against misuse of the PIL jurisdiction. The opinion sets no new precedent on substantive law but reinforces judicial intolerance toward contemptuous filings masquerading as public interest litigation.

To access the original judgment, please Sign In or Subscribe.

    Charan Lal Sahu v. Union Of India And Another

    Order

    1. This application has been filed by an advocate of this Court by way of a public interest litigation. It had been listed earlier and learned Attorney General had entered appearance on behalf of the Union of India.

    2. We have heard the petitioner. The petition has been couched in unsavoury language and the petitioner seems to have made an intentional attempt to indulge in mud-slinging against the advocates, this Court in particular as also other constitutional institutions. Many of the allegations in his writ petition are likely to lower the prestige of this Court as the apex judicial institution. At one place in the writ petition, he has alleged:

    “Thus the working of the judges are cocktail based on Western Common Laws and American techniques, as such unproductive and outdated according to socio-economic conditions of the country.”

    At another place, the petitioner has stated that:

    “This Court has become a constitutional liability without having control over the illegal acts of the government.... Thus the people for whom the Constitution is meant have now turned down their faces against it which is a disillusionment for fear that justice is a will-o'-the wisp.”

    Yet at another place the petitioner has stated that this Court is sleeping over the issues like Kumbhkarna. The reading of the writ petition gives the impression that it is clearly intended to denigrate this Court in the esteem of the people of India. We are of the prima facie view that the petition has been drawn up with a designed purpose of bringing the court into contempt (sic) and the petitioner is, therefore, prima facie guilty of contempt.

    3. The writ petition has been drafted in a careless manner. At several places the pleadings are meaningless. At several other places they are contradictory. The allegations are clumsy and several irrelevant facts have been put into the petition to inflate its size.

    4. The petitioner has left out no institution from his attempt of mud-slinging. We have a feeling that while drawing up the petition the petitioner has considered himself to be the only blemishless person and everyone else including social institutions to be blameworthy. We are surprised that an advocate practising in this Court with considerable experience has chosen to act in such an irresponsible manner. The writ petition, in our opinion, therefore, deserves to be dismissed. We, accordingly, dismiss the writ petition.

    5. We direct the registry to draw up an appropriate proceeding for contempt and issue notice to the petitioner calling upon him to show cause in person on November 9, 1987 as to why he may not be proceeded under the Contempt of Courts Act.

    6. At page 41 of the petition, the petitioner has stated:

    “This is a public interest litigation in the interest of independence of judiciary and social justice....”

    We are of the view that the petition is an act against public interest. The petitioner has certainly overstepped the limit of self-restraint, so much necessary in a public interest litigation. We direct the registry not to entertain any application by way of public interest litigation by the petitioner in future.

    Use AI to get other relevant cases.

    Comments

    Charan Lal Sahu v. Union Of India And Another
    (Oct 9, 1987)