IN RE: ARUNDHATI ROY - CONTEMNOR versus -

IN RE: ARUNDHATI ROY - CONTEMNOR versus -

Respondent's statements in affidavit constituted criminal contempt by scandalising the authority of the Supreme Court, undermining public confidence in the judiciary, and not qualifying as fair criticism or protected speech under Article 19; respondent held guilty of contempt and sentenced to imprisonment and fine.

Parties
Respondent Contemnor: Arundhati Roy; Respondent: Union of India
Jurisdiction
India
Judgment Date
06 March 2002
Procedural Posture
Suo Motu Contempt Petition (crl.) / Final Decision and Sentencing
Outcome
Respondent convicted of criminal contempt; sentenced to symbolic imprisonment for one day and fine of Rs. 2,000. In default, three months' simple imprisonment.
Legal Topics
Criminal Contempt, Freedom of Expression, Judicial Integrity, Fair Criticism
Contempt of Court Constitutional Law Criminal Law Criminal Contempt Freedom of Expression Judicial Integrity Fair Criticism

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Parties

Arundhati Roy

Respondent Contemnor

Union of India

Respondent

Procedural Posture

Suo Motu Contempt Petition (crl.) / Final Decision and Sentencing

Legal Issues

  1. 1 Whether the respondent committed criminal contempt of court by scandalising the authority of the Supreme Court through statements in an affidavit.
  2. 2 Whether fair criticism of the court or judiciary amounts to contempt under applicable law.
  3. 3 Whether freedom of expression under Article 19(1) protects critical statements made against the judiciary.

Ratio Decidendi

Respondent's statements in affidavit constituted criminal contempt by scandalising the authority of the Supreme Court, undermining public confidence in the judiciary, and not qualifying as fair criticism or protected speech under Article 19; respondent held guilty of contempt and sentenced to imprisonment and fine.

Court Disposition

Respondent convicted of criminal contempt; sentenced to symbolic imprisonment for one day and fine of Rs. 2,000. In default, three months' simple imprisonment.

Orders

  • Respondent sentenced to simple imprisonment for one day.
  • Respondent ordered to pay a fine of Rs. 2,000.