Law: Contempt of Courts Act (XII of 1926)

Section: 2(3)

Contempt of Courts Act (XII of 1926) S. 2(3)-False allegations against Civil Judge contained in application submitted to Governor imputing immorality to Civil Judge by indulging in illicit intimacy with his maid servant and on intimacy being discovered adopting coercive measures against relations of woman trying to prevent her from visiting Civil Judge's house and getting one of such persons prosecuted and by being personally present in Court of Magistrate getting him convicted on a false charge-Held: Applicant assailed conduct of two officers engaged in administration of justice---Allegations of such kind lower dignity and prestige of judicial officers-Nom- can be allowed to defame or ridicule an officer engaged in administration of justice--Plea that allegations amounted to defamation and were made against Civil Judge in his private capacity, held, without any force-Allegations, even otherwise, against Magistrate for entertaining proceedings and passing final orders at Civil Judges instance-Clearly constitute an imputation in respect of discharge of judicial functions by Magistrate and therefore constitute contempt of Court. The allegations of these kinds are of serious nature and in the eye of the public lower the dignity and the prestige of the judicial officers who are expected to administer justice, without fear, favour or frown. A judicial officer who is said to indulge in the institution of false cases in order to spite his opponents or eaters into alliance with another it, record conviction of innocent persons on false charges is unfit to hold any judicial' office. So the allegations are wilful and tenacious. No one can be allowed to defame or ridicule an officer engaged in the administra tion of justice otherwise the officer will be thrown at the' mercy of the disgruntled litigants who will scandalize him with impunity and his position as a Judicial officer will be jeopardised. Cause of justice cannot be served by false and contemptuous imputa tions: This, on the contrary, impairs that cause and under mines the dignity and the authority of the Courts. It was pleaded that the allegations which had been made in the application amounted to…