IN RE : P. C. SEN versus IN RE : P. C. SEN
Broadcasting a speech calculated to influence pending proceedings and prejudice the parties or those with similar causes amounts to contempt of court, regardless of the speaker’s intention, and the High Court’s expression of disapproval was appropriate.
- Parties
- Appellant: P. C. Sen; Respondent: Calcutta High Court
- Jurisdiction
- India
- Judgment Date
- 08 November 1968
- Procedural Posture
- Criminal Appeal / Appeal by Special Leave From Judgment and Order Dated March 15, 1966, Calcutta High Court
- Outcome
- Appeal dismissed
- Legal Topics
- Contempt Proceedings, Freedom of Speech, Interference With Administration of Justice, Delegated Legislation
Case Brief
Summary, issues, holding and outcome
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Parties
P. C. Sen
Appellant
Calcutta High Court
Respondent
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Judgment and Order Dated March 15, 1966, Calcutta High Court
Legal Issues
- 1 Whether broadcasting a speech justifying the validity of a government order under challenge in pending proceedings amounts to contempt of court
- 2 Whether intention to commit contempt is relevant to constitute contempt
- 3 Whether different considerations apply when the trial is not by jury
Ratio Decidendi
Broadcasting a speech calculated to influence pending proceedings and prejudice the parties or those with similar causes amounts to contempt of court, regardless of the speaker’s intention, and the High Court’s expression of disapproval was appropriate.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed.
- The High Court’s order observing disapproval of the Chief Minister’s conduct is upheld.
Full Case Text
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