DR. SUBRAMANIAN SWAMY versus ARUN SHOURIE

DR. SUBRAMANIAN SWAMY versus ARUN SHOURIE

A Commission of Inquiry under the Commission of Inquiry Act, 1952, even if headed by a sitting Supreme Court Judge, is not a court for the purposes of the Contempt of Courts Act, 1971. Truth may be pleaded as a defence in contempt proceedings where public interest and bona fide invocation of the defence are established. Consequently, contempt petitions against criticism of such a Commission are not maintainable.

Parties
Applicant: Dr. Subramanian Swamy; Respondent: Arun Shourie; Respondent: Indian Express
Jurisdiction
India
Judgment Date
23 July 2014
Procedural Posture
Contempt Petition (criminal) / Constitution Bench Decision
Outcome
Contempt petitions dismissed
Legal Topics
Maintainability of Contempt Proceedings, Truth as Defence in Contempt, Definition of 'court' Under Contempt of Courts Act
Contempt of Court Constitutional Law Maintainability of Contempt Proceedings Truth as Defence in Contempt Definition of 'court' Under Contempt of Courts Act

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Parties

Dr. Subramanian Swamy

Applicant

Arun Shourie

Respondent

Indian Express

Respondent

Procedural Posture

Contempt Petition (criminal) / Constitution Bench Decision

Legal Issues

  1. 1 Whether truth can be pleaded as a defence in contempt proceedings
  2. 2 Whether a Commission headed by a sitting Supreme Court Judge under the Commission of Inquiry Act is a 'court' for the purpose of Contempt of Courts Act

Ratio Decidendi

A Commission of Inquiry under the Commission of Inquiry Act, 1952, even if headed by a sitting Supreme Court Judge, is not a court for the purposes of the Contempt of Courts Act, 1971. Truth may be pleaded as a defence in contempt proceedings where public interest and bona fide invocation of the defence are established. Consequently, contempt petitions against criticism of such a Commission are not maintainable.

Court Disposition

Contempt petitions dismissed

Orders

  • Contempt notices discharged