Truth is defence in Contempt proceedings - A Commission headed by Judge is not Court - SC
CONTEMPT charges against Arun Shourie dropped after 24 years: In the issue of Indian Express of August 13, 1990, an editorial was published bearing the caption "If shame had survived". The editorial said inter alia:
"The legal opinion that the former Chief Justice of India, Mr. Y. V. Chandrachud, has given on the Kuldip Singh Commission's report is a stunning indictment. If there had been any sense of honour or shame, a Judge would never have done any of this. If there were any residual sense of honour or shame, the Judge having done any of it and having been found doing it, would have vacated his seat. But this is India of 1990, the Commissioner Kuldip Singh having perpetrated such perversities will continue to sit in judgment on the fortunes and reputations of countless citizens. He will continue to do so from nothing less than the Supreme Court of India itself.
Such is our condition. And so helpless are we that there is nothing we can do about such a "Judge". Save one thing. The only way to mitigate the injuries that such persons inflict on citizens is for all of us to thoroughly examine the indictments or certificates they hand out. Only that exercise will show up these indictments and certificates for the perversities which they are and only in that way can their effect be diluted. "Who has the time to read voluminous reports, to sift evidence?"
But if the issue is important enough for us to form an opinion on it, it is our duty to find the time to examine such reports, to examine as well the conduct of the commissioners who perpetrate them."
A contempt petition was filed in the Supreme Court in 1990 against Arun Shourie, the then editor of Indian Express.
The Supreme Court framed two questions for consideration:
(i) When a sitting Supreme Court Judge is appointed as a Commissioner by the Central Government under the 1952 Act, does he carry with him all the powers and jurisdiction of the Supreme Court? In other words, whether the functions which are discharged by the Supreme Court Judge as a Commissioner are purely statutory functions independent of the jurisdiction vested in the Supreme Court?
(ii) Whether truth can be pleaded as defence in contempt proceedings?
The Supreme Court decided the case yesterday.
The Court held:
1. A Commission appointed under the 1952 Act is in the nature of a statutory Commission and merely because a Commission of Inquiry is headed by a sitting Judge of the Supreme Court, it does not become an extended arm of this Court. The Commission constituted under the 1952 Act is a fact finding body to enable the appropriate Government to decide as to the course of action to be followed. Such Commission is not required to adjudicate upon the rights of the parties and has noadjudicatory functions. The Government is not bound to accept its recommendations or act upon its findings. The mere fact that the procedure adopted by the Commission is of a legal character and it has the power to administer oath will not clothe it with the status of Court. That being so, in our view, the Commission appointed under the 1952 Act is not a Court for the purposes of Contempt of Courts Act even though it is headed by a sitting Supreme Court Judge. Moreover, Section 10A of the 1952 Act leaves no matter of doubt that the High Court has been conferred with the power to take cognizance of the complaint in respect of the acts calculated to bring the Commission or any member thereof into disrepute. Section 10A provides the power of constructive contempt to the Commission by making a reference to the High Court with a right of appeal to this Court. Our answer to the first question is, therefore, in the negative.
2. Thus, the two Judge Bench has held that the amended section enables the Court to permit justification by truth as a valid defence in any contempt proceedings if it is satisfied that such defence is in public interest and the request for invoking the defence is bona fide. We approve the view of the two Judge Bench in R.K. Jain - 2010-TIOL-64-SC-CONTEMPT. Nothing further needs to be considered with regard to second question since the amendment in contempt law has effectively rendered this question redundant.
The Contempt petitions were dismissed.
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