• Politics
  • Business
  • World
  • Science
  • Startup
  • Health
  • Travel
  • Economy
  • Top Story
Aryavarth News
  • Home
  • Politics
  • City News
  • Top Story
  • Editorial
No Result
View All Result
Aryavarth News
No Result
View All Result

“Violates Freedom Of Speech”: Contempt Act Challenged In Supreme Court By N. Ram, Arun Shourie and Prashant Bhushan

Petitioners said the 1971 act violated freedom of speech, expression and equality, as guaranteed by the Constitution, and asked the court to quash certain provisions

N. Ram and Arun Shourie and Advocate Prashant Bhushan
427
SHARES
1.2k
VIEWS
Share on WhatsappShare on FacebookShare on TwitterShare on Telegram

Senior journalists N. Ram and Arun Shourie and advocate Prashant Bhushan have jointly moved the Supreme Court against a law that allows criminal contempt action to be initiated on the “incurably vague” ground that a publication may tend to or even scandalise or lower the authority of a court of law.

They said the contempt law in question was unconstitutional, rooted in colonialism and produced a chilling effect on free speech and expression.

Their petition, filed through advocate Kamini Jaiswal, focusses on the legality of Section 2(c)(i) of the Contempt of Court Act. The section holds that it amounts to criminal contempt if a person publishes, by words spoken or written or by any other act, anything “which scandalises or tends to scandalise or lowers or tends to lower the authority of any court”.

“‘Scandalising the court’ is rooted in colonial assumption and objects, which have no place in legal orders committed to democratic constitutionality and maintenance of an open robust public sphere,” the petition said.

The legal provision is manifestly arbitrary, as what may or may not cause a scandal is subjective. The application of criminal contempt law on this basis would be incapable of being certain and even-handed, it contended.

The Supreme Court recently began contempt proceedings against Mr. Bhushan for two of his tweets, one concerning a photograph of the Chief Justice of India and another containing the noted civil rights lawyer’s view on the functioning of the top court in the past few years.

In back-to-back action, renewed hearings were also seen in another contempt case against the lawyer for his alleged remarks on the judiciary in an interview to Tehelka magazine. This case had been pending for eight years. The last hearing on it was in 2012. Now, both contempt cases have been listed on successive days in early August.

The petition said criminal contempt action on the ground of scandalising or tending to scandalise or lower the authority of a court did not amount to reasonable restriction of free speech.

In fact, the provision abridged the right to free speech and expression even in the absence of any tangible or proximate harm, it said.

 

Tags: Supreme Court of India
SendShare171Tweet107Share
    • Trending
    • Comments
    • Latest
    Guru Gobinds son bricked alive and then killed

    Crores of Hindus Were killed by Islamic Rulers: Hindu Genocide Not Recorded In History

    August 10, 2020
    Pakistan Behind removal of Punjab CM:  Dr Subramanian Swamy

    Pakistan Behind removal of Punjab CM: Dr Subramanian Swamy

    September 20, 2021
    Lenovo under US scanner for spying for China

    Lenovo’s Links to China Government Under Scrutiny For Spying

    July 22, 2020
    Republic TV and R Bharat get a clean chit in Television Rating Points (TRP) scam

    Republic TV and R Bharat get a clean chit in Television Rating Points (TRP) scam

    3
    Today’s Newspaper – 17 August 2022

    Today’s Newspaper – 17 August 2022

    2
    Today’s Newspaper – 10 August 2022

    Today’s Newspaper – 10 August 2022

    1
    WHO and the Ministry of Ayush to host the first-ever Global Summit on Traditional Medicine

    Only Positive Step In G20 Summit Was The Admission Of African Union As A Permanent Member

    September 15, 2023
    Singapore invents tech to detect COVID-19 virus the air

    India Rises as Global Leader in Medical Textiles Amid COVID-19 Pandemic

    September 15, 2023
    Improving Healthcare for All

    CSIR-NIScPR and KAMP Host Workshop to Boost Science Communication in India

    September 15, 2023
    Aryavarth News

    Copyright © 2022 Aryavarth Publication Pvt Ltd.

    Navigate Site

    • About
    • Advertise
    • Privacy & Policy
    • Contact

    Follow Us

    No Result
    View All Result
    • Politics
    • Business
    • World
    • Science
    • Startup
    • Health
    • Travel
    • Economy
    • Top Story

    Copyright © 2022 Aryavarth Publication Pvt Ltd.

    This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.