Truth as defence against contempt of court?
Satyameva Jyate! Not in Contempt - if you choose to criticize their lordships! The former CVC, Vittal said, "So far as Judiciary is concerned, the shield of 1971 Contempt of Court Act protect them. Any attempt at even making objective criticism runs the risk of person making the comments being hauled up for Contempt of court. Truth is no defence against Judiciary" All this is going to change with the cabinet approving the amendment to the Contempt of Courts (Amendment) Bill 2004. Section 13 of the Act is proposed to be changed to
“13. Notwithstanding anything contained in any law for the time being in force,—
(a) no court shall impose a sentence under this Act for a contempt of court unless it is satisfied that the contempt is of such a nature that it substantially interferes, or tends substantially to interfere with the due course of justice;
(b) the court may permit, in any proceeding for contempt of court, justification by truth as a valid defence if it is satisfied that it is in public interest and the request for invoking the said defence is bona fide.”