Supreme Court as a Court of Record

The Supreme Court’s contempt power is its authority to punish conduct that disobeys its orders or obstructs the administration of justice. Article 129 declares the Supreme Court a court of record and gives it all the powers of such a court, including the power to punish contempt of itself.

Constitutional basis and purpose

As a court of record, the Supreme Court maintains authoritative records of its proceedings and decisions, which have evidentiary value. Its contempt jurisdiction flows directly from Article 129, rather than solely from legislation.

• The power protects the administration of justice and the authority of judicial orders, rather than judges from personal criticism.
• Article 19(2) permits reasonable restrictions on freedom of speech and expression in relation to contempt of court.

Civil and criminal contempt

The Contempt of Courts Act, 1971 distinguishes two forms of contempt.

• Civil contempt means wilful disobedience of a court’s judgment, decree, direction, order, writ or other process, or wilful breach of an undertaking given to a court.
• Criminal contempt includes publication or conduct that scandalises or lowers a court’s authority, prejudices or interferes with judicial proceedings, or obstructs the administration of justice.
• The Supreme Court may initiate contempt proceedings on its own motion.

Limits and safeguards

Contempt jurisdiction must be exercised consistently with freedom of expression and the safeguards governing its use.

• Fair criticism of a judicial act does not constitute contempt when the case has been heard and finally decided.
• The Act requires substantial interference, or a substantial tendency to interfere, with the due course of justice before punishment is imposed.
• Truth may be permitted as a defence if the court finds it in the public interest and the request to invoke it bona fide.