Thursday, October 24, 2024
HomeLawJudges resort to contempt of court only when personal attacks likely to...

Judges resort to contempt of court only when personal attacks likely to affect esteem of judiciary: Kerala High Court

The bench saw it fit to make some observations regarding the seriousness of being in contempt.

It spoke of the discipline and nobility of judges which stop them from shooting from the hip in response to uncharitable or even unjustified comments by the public about them.

Our citizenry must realize that Judges in this country work under enormous pressure owing to the mounting pendency of cases in our courts, and the infrastructural and other constraints that affect the justice delivery system. Despite that, and on account of their discipline and training as judicial officers, they do not react to uncharitable, and often unjustified, comments from the public about their judicial performance. Their restraint stems from the nobility that they possess“, the bench observed.

It further said that it is only when the comments from the public are of a nature that could affect the esteem of the judicial institution do judges initiate contempt cases, and that too, only with the intention to preserve the rest of the public’s faith in the institution.

It is only when confronted with comments or remarks that go well beyond personal attacks, and have the propensity to defame or lower the esteem of the judicial institution itself, that they respond swiftly with the only weapon in their judicial armoury – the proceedings for contempt of court. Even on such occasions, their efforts are directed solely at preserving the majesty of the judicial institution and ensuring that the misconceived actions of some do not destroy the faith of the majority in an institution that has for long remained the last bastion of hope against rights infringement for our citizens“, the order stated.

Source: Barandbench

RELATED ARTICLES
- Advertisment -

Most Popular

Recent Comments