P.N. DUDA versus P. SHIV SHANKAR & OTHERS

P.N. DUDA versus P. SHIV SHANKAR & OTHERS

The statements made in the Minister's speech, though intemperate in places, did not amount to interference with the administration of justice nor did it bring the Court into disrepute; thus, they did not constitute contempt. Consent for contempt proceedings from the Attorney General or Solicitor General is not...

Source-derived case information.

Parties
Petitioner: P.N. Duda; Respondent: P. Shiv Shankar; Respondent: Attorney General for India; Respondent: Solicitor General of India; Applicant: R.N. Trivedi
Jurisdiction
India
Judgment Date
15 April 1988
Procedural Posture
Contempt Petition / Final Judgment
Outcome
petition dismissed
Legal Topics
Contempt of Court, Judicial Criticism, Consent for Contempt Proceedings, Administration of Justice
Constitutional Law Contempt Law Contempt of Court Judicial Criticism Consent for Contempt Proceedings Administration of Justice

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Summary, issues, holding and outcome

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Parties

P.N. Duda

Petitioner

P. Shiv Shankar

Respondent

Attorney General for India

Respondent

Solicitor General of India

Respondent

R.N. Trivedi

Applicant

Procedural Posture

Contempt Petition / Final Judgment

Legal Issues

  1. 1 Whether the speech delivered by the Minister amounted to contempt of the Supreme Court
  2. 2 Whether the petition for contempt is maintainable without the consent of the Attorney General or Solicitor General
  3. 3 Whether the action or inaction of the Attorney General and Solicitor General is justiciable

Ratio Decidendi

The statements made in the Minister's speech, though intemperate in places, did not amount to interference with the administration of justice nor did it bring the Court into disrepute; thus, they did not constitute contempt. Consent for contempt proceedings from the Attorney General or Solicitor General is not judicially reviewable, and the petition was dismissed as not maintainable.

Court Disposition

petition dismissed

Orders

  • No contempt proceedings to be initiated against P. Shiv Shankar.
  • Names of respondents other than the alleged contemnor to be deleted from array of parties.