Community Radio Pledge (pdf) - amarc

Contempt of courtRemarks made or things done with a view to have an impact on subjudice matter or in the process of justice delivery are deemed as contempt ofcourt. The court can take recourse to contempt of court proceedings againstconstitutional bodies like the government, from parliament to publicationsand from broadcasting agency to common people.Court enjoys unlimited right related to contempt of court. There cannotbe any debate even in parliament about issues which are sub judice with thecourt. What is also not allowed is the debate into sub judice issues throughpublication and broadcasting with the motive of raking up differences ofopinion. The Supreme Court has in this connection established a case ofHarihar Birahi vs Supreme Court as a precedent. Saptahik Bimarsha had runa cartoon depicting a monkey with coconut in hand insinuating at the caserelated to the Tanakpur treaty. The Supreme Court had held that the cartoonwas tantamount to contempt of court while passing a verdict which hadspecified 7 day imprisonment just in the event editor did not apologies inthe stipulated manner.Going by Clause 18 of Judicial Administration Act, 1991 and Clause 7of Supreme Court Act,1991 anyone found in the contempt of court is liableto one year imprisonment and fine upto Rs.10,000, or both.Generally speaking, the sensitive phase of any case is deemed to be activewhen the case is in the process of hearing. In majority of the criminal casessensitive phase is deemed to have begun with the arrest of the accused. Similarly,in civil cases it is deemed to have been on while the hearing gets underway.Conditions for contempt of court- Materials produced to have an impact on case which may be sub judicecomprise the following:1. Publishing and broadcasting interview of eyewitness when thehearing is underway.2. Publishing and broadcasting views and facts which can affect thecase in collusion with eyewitnesses.3. Publishing and broadcasting materials which can influence eyewitness,plaintiff, defendant, judges and lawyers involved.4 Filing report saying issues forgotten by the presiding judge.5. Publishing and broadcasting material anticipating the likelyconsequences of the case once the verdict comes.- Just in the event material which is linked with activities and recent verdictof the court and which can affect the dignity of the court is published.- Publishing materials which can adversely affect the faith of the masseson the court.- Publishing materials which can affect the implementation of the courtverdict.100