SC quashes contempt action against four scribes by Delhi HC

The apex court delivered its verdict on the petition filed by the four journalists of the now defunct Delhi tabloid against the High Court's decision.

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In the case six people had gang raped a 23-year-old physiotherapy intern in a moving bus, then gruesomely murdered her and also assaulted and injured her male friend.

In a relief for four journalists whom the Delhi High Court had held guilty of contempt in 2007 for articles in a tabloid about former Chief Justice of India Y K Sabharwal, the Supreme Court on Monday set aside the verdict holding that it exceeded its jurisdiction in dealing with the contempt of a superior court. A bench of Chief Justice T S Thakur and Justice A M Khanwilkar said the high court did not have the jurisdiction to pass such an order as it was not empowered to punish for the contempt of a superior court which itself was not invoking such power despite being vested with it.

The bench said the apex court itself was empowered under Article 129 of the Constitution to punish for its contempt and, if it did not invoke this power, there is no question of a court subordinate to it, like the high court, doing so.

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“There is, from a plain reading of the above, nothing in the Contempt of Courts Act, 1971 or in Article 215 of the Constitution which can be said to empower the High Court to initiate proceedings suo-motu or otherwise for the contempt of a superior court like the Supreme Court of India.

“The power to punish for contempt vested in a Court of Record under Article 215 does not, however, extend to punishing for the contempt of a superior court. Such a power has never been recognised as an attribute of a court of record nor has the same been specifically conferred upon the High Courts under Article 215,” the bench said in its 14-page judgement allowing the appeals of the four journalists.

The apex court delivered its verdict on the petition filed by the four journalists of the now defunct Delhi tabloid against the High Court’s decision of taking suo-motu cognizance of the articles to initiate contempt action against them.

They had moved the apex court pending the hearing in the High Court which had on September 11, 2007 directed them to be present before it for pronouncement of quantum of sentence.

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During the pendency of the appeal, the apex court had stayed the proceedings before the High Court.

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