IN RE: SANJIV DATTA AND ORS versus IN RE: SANJIV DATTA AND ORS

IN RE: SANJIV DATTA AND ORS versus IN RE: SANJIV DATTA AND ORS

A responsible officer of the government knowingly filed an affidavit containing intentional aspersions against the Supreme Court, challenging its constitutional authority and undermining respect for judiciary; apology not accepted as charges were made with full knowledge of grave implications; contemner found guilty of criminal contempt and sentenced.

Parties
Contemner, Deputy Secretary, Ministry of Information and Broadcasting: Sanjiv Datta; Petitioner in Related Writ Petition: Cricket Association of Bengal; Respondents in Related Writ Petition: Government of India and Director General of Doordarshan
Jurisdiction
India
Judgment Date
19 April 1995
Procedural Posture
Criminal Original Jurisdiction Contempt Petition / Final Disposition of Contempt Proceedings
Outcome
Contemner convicted of criminal contempt; advocates discharged for want of knowledge.
Legal Topics
Criminal Contempt, Separation of Powers, Judicial Authority, Media Broadcasting Rights
Constitutional Law Media and Broadcasting Law Contempt of Court Criminal Contempt Separation of Powers Judicial Authority Media Broadcasting Rights

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Parties

Sanjiv Datta

Contemner, Deputy Secretary, Ministry of Information and Broadcasting

Cricket Association of Bengal

Petitioner in Related Writ Petition

Government of India and Director General of Doordarshan

Respondents in Related Writ Petition

Procedural Posture

Criminal Original Jurisdiction Contempt Petition / Final Disposition of Contempt Proceedings

Legal Issues

  1. 1 Whether allegations made against the Supreme Court by a public servant in an affidavit amount to criminal contempt of court
  2. 2 Liability of advocates who filed affidavit containing contemptuous statements without knowledge of content

Ratio Decidendi

A responsible officer of the government knowingly filed an affidavit containing intentional aspersions against the Supreme Court, challenging its constitutional authority and undermining respect for judiciary; apology not accepted as charges were made with full knowledge of grave implications; contemner found guilty of criminal contempt and sentenced.

Court Disposition

Contemner convicted of criminal contempt; advocates discharged for want of knowledge.

Orders

  • Contemner sentenced to pay a fine of Rs. 2000; in default, to undergo simple imprisonment for one week.
  • Government directed not to initiate departmental disciplinary proceedings against contemner for offence committed not for personal gain.