Moto_Surgeon
3, Haridwar Rd, opp. District Court, East Rest Camp, Chander Nagar, Dharampur, Dehradun, Uttarakhand 248001, India
3.5
57 reviews
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828Q+2P Dehradun, Uttarakhand, India
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Monday: 10–20
Tuesday: 10–20
Wedneasday: 10–20
Thursday: 10–20
Friday: 10–20
Saturday: 10–20
Sunday: 10–17
Tuesday: 10–20
Wedneasday: 10–20
Thursday: 10–20
Friday: 10–20
Saturday: 10–20
Sunday: 10–17
This reluctance of the Supreme Court becomes even more important in the Mid Day case. After all, the matter in which the High Court took notice and sentenced the four media persons was related to the Supreme Court itself. Now that the appeal against the High Court's decision has been allowed by the Supreme Court, the basic logic of the High Court's decision will also be subject to judicial examination. Its contention is that the newspaper's allegation that the then Chief Justice YK Sabharwal had benefited his family by the decision of sealing in Delhi tarnished the image of the court.
How? Because the allegation against the Chief Justice 'inherently suggests' that other Supreme Court judges were either puppets or assistants. Obviously, the validity of this argument in judicial examination is in doubt. But another issue apart from this is that even if a case of contempt is made out in this case, then a case of contempt of the Supreme Court is made, not of the High Court.
Remember that under Article 215 of the Constitution, the High Court has the right to hear its charges of contempt. Similarly, there is a provision for the Supreme Court to hear its contempt charges. The right thing is that they should settle the matters related to themselves.
In fact, the entire system of contempt of court seems to demand suspension of the natural laws of not only democracy but also the judicial system. The basic condition of democracy is equality of all citizens before the law. The right to freedom of expression and the ideal of freedom of the media that derives from it is as defendable against attacks from the executive or legislature as it is against judicial interference. The law relating to contempt goes against this condition. Even if it is not possible to completely eliminate the system of contempt of court, its scope must be minimized and its use must be made rare to rare. The democratic system of many countries like Britain, America, Australia etc. has done this properly.