INTRODUCTIONMEANING OF CONTEMPT Contempt is an act of deliberate disobedience or disregard for the laws, regulations, or decorum of a public authority, such as a court or legislative body. In legal terminology, contempt refers to any willful disobedience to, or disregard of, a court order or any misconduct in the presence of a court; action that interferes with a judge's ability to administer justice or that insults the dignity of the court.1 There are essentially two types of contempt: a) Contempt in facie disrespect to the decorum of the court (being rude, disrespectful to the judge or other attorneys or causing a disturbance in the courtroom, particularly after being warned by the judge) b) Contempt ex facie willful failure to obey an order of the court. Failure to make a courtordered payment, such as alimony, may result in a finding of contempt. The court's power to punish for contempt includes fines and/or jail time. Since the judge has discretion to control the courtroom, contempt citations are generally not appealable unless the amount of fine or jail time is excessive. "Justice is not a cloistered virtue, She must be allowed to suffer the scrutiny and respectful, even if outspoken, comments of ordinary men." -Helmore, Justive Bowen In Austman and Oddson v Bjarnason, the Saskatchewan Court of Appeal adopted these words: "A contempt is a disobedience to the Court, an opposing or despising the authority, justice, or dignity thereof. "It commonly consists in a party's doing otherwise than he is enjoined to do, or not doing what he is commanded or required by the process, order or decree of the Court. "There were three kinds of contempt: (1) Scandalizing the Court itself; (2) Abusing parties who are concerned in causes in the Court; (3) Prejudicing mankind against persons before the cause is heard.... 1 Miller C.J., Contempt of Court, 2nd edition, Clarendon Press, Oxford, 1989, p. 34. 1 Gupta2 the respondent published and circulated a booklet in public purporting to ascribe bias and dishonesty to Justice Shah while acting in his 2 (1971 1 SCC 626). O. took note of the importance given to freedom of speech in the Constitution and of the need for safeguarding the status and dignity of courts and interests of administration of justice. the high courts and the judicial commissioners.N. In case of India. The committee made a comprehensive examination of the law and problems relating to contempt of court in the light of the position obtaining in our own country and various foreign countries.The recommendations of the committee have been generally accepted by the government after considering the view expressed on those recommendations by the state governments. under Section 2(a) of the Contempt of Courts Act of 1971 defines contempt of court as civil contempt or criminal contempt.P.K. which the committee made. union territory administrations. undefined and unsatisfactory. Daphtary v.CONCEPT OF CONTEMPT OF COURT Anything that curtails or impairs the freedom of limits of the judicial proceedings must of necessity result in hampering of the administration of Law and in interfering with the due course of justice. A case of contempt is C. to prejudice the fair trial of any cause or matter which is the subject of Civil or Criminal proceeding or in anyway to obstruct the cause of Justice. Black Odgers enunciates that it is contempt of court to publish words which tend to bring the administration of Justice into contempt. It was. it is generally felt that the existing law relating to contempt of courts is somewhat uncertain. namely. The recommendations. This necessarily constitutes contempt of court. the then additional solicitor general. In pursuance of this. the Supreme Court. Halsbury defines contempt as consisting of words spoken or written which obstruct or tend to obstruct the administration of justice.Sanyal. The jurisdiction to punish for contempt touches upon two important fundamental rights of the citizens. considered advisable to have the entire law on the subject scrutinized by a special committee. therefore. Oswald defines contempt to be constituted by any conduct that tends to bring the authority and administration of Law into disrespect or disregard or to interfere with or prejudice parties or their witnesses during litigation. 2 . a committee was set up in 1961 under the chairmanship of the late H. the right to personal liberty and the right to freedom of expression. 4 (1963) 4 Charter granted by the Governor and Company of Merchants Trading into the East India.K. 249). This law in India is nothing but the off spring of the British administration of justice in India. filed a petition alleging that the booklet has scandalised the judges who participated in the decision and brought into contempt the authority of the highest court of the land and thus weakened the confidence of the people in it. 5 II Vestiges of Old Madras 1640-1800. in examining the scope of the contempt of court. The Mayor‘s Court at Bombay and Madras were superseded by the Recorder‘s Court at Madras. to the Mayor Aldermen and Burgesses of Madras. C. Daphtary. These courts had power to punish for contempt.242(Charter of 1727. The Supreme Court. It was abolished by the Government of India Act. The Recorder‘s Court and Supreme 3 VIII CAD 382: See also Report of the Committee on Contempt of Court. which was reconstituted by the Charter of 1753. laid down that the test in each case is whether the impugned publication is a mere defamatory attack on the judge or whether it will interfere with the due course of justice or the proper administration of law by the court. 3 . ORIGIN AND DEVELOPMENT OF THE LAW OF CONTEMPT IN INDIA The origin of the law of contempt of court in India can be traced from the English law. Mr. 241. Creation of different Courts of Record in India necessarily meant the introduction of English Law of Contempt in some measure. In pursuance of the Regulating Act 1773. Admiralty Court established under the Royal Charter of 1683 had the right to hear appeals and hence Admiralty Court was also considered a Court of Record.judicial capacity. 1800 and the Supreme Court was established in the place of Recorder‘s Court at Bombay by a Charter granted under the Statute of 1823. Later Mayor‘s Court was created by the Charter of 1727 5.3 Establishment of the Court of Mayor and Corporation of Madras under the East India Company‘s Charter of 16874 was the earliest Court of Record created in India. the Mayor‘s Court at Calcutta was succeeded by the Supreme Court established under a Charter granted in 1774. along with others. AIR 1927 Lah.The Supreme Courts were in turn succeeded by the High Courts under the High Courts Act of 1861.L. Prior to the passing of the Contempt of Courts Act 1926 there was a conflict of opinion among the different High Court as to their power to commit for contempt of subordinate court. (Cr. 8 In the Matter of Muslim Outlook. 444 (1879).) 32. Murali Manohar Prasad. 610. Justice White observed: ―The jurisdiction of the court.C. Madras 11 and Bombay12 High Court expressed the view that the High Courts could have jurisdiction to deal with contempt of the Mofussil Courts. Mr. Lawrence7.R. 175.10 These decisions show that the power to punish summarily for contempt is not created by statute but inherent in every court of record. the High Court of Allahabad was established under the High Courts Act. 121. 10 AIR 1936 P. 9 Emperor v. 4 Cal.Venkta Rao.R. Trinidad and Tabago. 239 (1921) 12 Re Mohandas Karamchand Gandhi. and this jurisdiction has not been removed or affected by the Civil Procedure Code. 1861 and was constituted as a Court of Record. AIR 1920 Bom. But the Calcutta 13 High Court expressed the view that the High Court in India did not possess identical power in matters of contempt of their 6 Re Abdool and Mehtaf (1867) 8 W. Attorney General. AIR 1929 Pat 72. 7 I. In 1886. The High Court of Calcutta was a court of record in all its jurisdictions and therefore possessed power to commit for contempt6. 4 . 141 11In the Matter of K. Privy Council also accepted the same view in Ambard v.Court had the same powers for punishing for contempt as the superior courts of England . The inherent powers of the High Courts to punish for contempt were later affirmed by Lahore 8 and Patna High Court9. under which this process of contempt issued is a jurisdiction that it has inherited from the old Supreme Court and was conferred upon that court by the Charters of the authority of the then court of King‘s Bench and the High Court of Chancery in Great Britain. C. The Division Bench of the Calcutta High Court considered this jurisdiction of the High Court in 1879 in Martin v. e. the State enactments of the Indian States and the Contempt of Courts Act. The Act was amended in 1937 to make it clear that the limits of punishment provided in the Act related not only to contempt of subordinate court but also to all cases. 173 14 Article 129: The Supreme Court shall be a Court of record and shall have all the powers of such a Court including the power to punish for contempt of itself. Articles 12914 and 21515 of the Constitution of India made the Supreme Court and High Courts respectively as Court of Record. doubt arose as to the power of the Court of Record to punish contempt of subordinate courts. various Indian States also had their corresponding enactment. So. Madhya Bharat. 1952 conferred the power on the High Courts 13 Legal Remembrancer v. Though the High Court as a Court of Record had the power to punish contempt of itself. empowered the High Courts of judicature to exercise the jurisdiction. the Contempt of Courts Act was passed in 1926. Section 2 of the Act. ILR Cal. For making the concept of contempt more specific and for providing punishment for contempt of subordinate courts. Pepsu. permits the High Courts to continue the jurisdiction and powers which they possessed immediately before the commencement of the Constitution. When the Contempt of Courts Act. Rajasthan. These States were Hyderabad. 1913. 1926 were replaced by the Contempt of Courts Act. the first Indian statute on the law of contempt i. Travancore-Cochin and Saurashtra.subordinate courts as possessed by the Court of King‘s Bench in England. Section 3 of the Contempt of Courts Act. Article 225. Motilal Ghose. 1952 (32 of 1952). 5 . Mysore. the Full Bench of the Allahabad High Court dealt with contempt of subordinate court under its inherent powers as a court of record. power and authority to punish contempt of subordinate court. It was enacted to define and limit the powers of certain courts in punishing contempt of courts. 1926. 1926 (XII of 1926) was in existence in British India. The Contempt of Courts Act.. 15 Article 215: Every Hugh Court shall be a Court of record and shall have all the powers of such a Court including the power to punish for contempt of itself. 1926 did not contain any provision with regard to contempt of courts subordinate to Chief Courts and Judicial Commissioner‘s Court and also extra territorial jurisdiction of High Courts in matters of contempt. In 1926. 1961 under the Chairmanship of the late H N Sanyal. Union Territory Administrations. While its existing provisions should be continued there is need for widening considerably the scope of the Act. The recommendations of the Committee have been generally accepted by Government after considering the view expressed on those recommendations by the State Governments. Section 4 of the Act limited the punishment to be awarded in case of contempt. Government appears to have felt that the law relating to contempt of courts in uncertain. An attempt was made in April. the Supreme Court. 1952 necessitated the government to constitute a Committee to study the matter for the proper functioning of the law of contempt. it would be advisable to have the entire law on the subject scrutinized by a Special Committee set up for the purpose In pursuance of that decision.including that of the Judicial Commissioner‘s Court to punish contempt of subordinate court. 1960 to introduce in the Lok Sabha a Bill to consolidate and amend the law relating to Contempt of Courts. The Bill seeks to give effect to the accepted recommendations of the Sanyal Committee. which the Committee made. The Sanyal Committee submitted its report on February 28. a Committee was set up on July 29. 1963 to define and limit the powers of certain courts in punishing contempt of courts and to regulate their procedure in relation thereto. Union Territory Administrations. On an examination of the Bill. the then Additional Solicitor General.16 The unsatisfactory nature of the Contempt of Courts Act. the High Courts and the Judicial Commissioners. The Joint Select Committee of Parliament on Contempt of Courts examined the issue in detail and the Committee prepared a new Bill. the Supreme Court. The Contempt of Courts Act 1952 though sound so far as it goes touches only the fringes of the subject. The recommendations. 9 (1963). The recommendations of the Committee have been generally accepted by the government after considering the view expressed on those recommendations by the State Governments. the High Courts and the Judicial Commissioners. 16 Report of the Committee on Contempt of Court. the Contempt of courts Bill. 1968. undefined and unsatisfactory and that in the light of the Constitutional changes which have taken place in the country. The Committee made a comprehensive examination of the law and problems relating to contempt of court in the light of the position obtaining in our own Country and various foreign Countries. 6 . took note of the importance given to freedom of speech in the Constitution and of the need for safeguarding the status and dignity of courts and interests of administration of justice. either direct or indirect.—Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. Art.—The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. which is detrimental to the judicial ideal of justice is sought to be punished under the Contempt of Courts Act.215: High Courts to be courts of record. Art. civil and judicial. 7 . 1971. LAW POINT For the concept of Contempt of Court. Section 10 of The Contempt of Courts Act of 1971 defines the power of the High Court to punish contempt of its subordinate courts. 1971 (70 of 1971). in any way. December 24.144:Civil and judicial authorities to act in aid of the Supreme Court. The Contempt of Courts Act. 1971 In a very practical move and in an effort to sanctify the ideal of justice. Law declared by Supreme Court to be binding on all courts. Art. 129 :Supreme Court to be a court of record. Art.— The law declared by the Supreme Court shall be binding on all courts within the territory of India. was enacted to identify and punish those very persons who.THE CONTEMPT OF COURTS ACT. Therefore.e. the Contempt of Court Act.— (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter 17 It came into force w.—All authorities. Enforcement of decrees and orders of Supreme Court and orders as to discovery. Article 129 and 215 of the Constitution of India empowers the Supreme Court and High Court respectively to punish people for their respective contempt. 197117. 1971 was passed which dealt with such a concept.141. One of the basic principles of a sound judiciary is that everyone is entitled to a free and fair trial without any prejudice whatsoever. any action. Contempt of Court position under Indian Constitution are as following Art.142.f. etc. put an obstacle in the path of the judiciary to deliver justice to the people. in the territory of India shall act in aid of the Supreme Court. Power to punish for contempt of court under Articles 129 and 215 is not subject to Article 19(1)(a). until provision in that behalf is so made.pending before it.Salient Features Innocent publication and distribution of matter .Due regard to Constitutional Provisions Power of High Court to punish contempt of subordinate courts .(45 of 1860) [Sec.not contempt (Sec 4) Fair criticism of judicial act . (1) Full faith and credit shall be given throughout the territory of India to public acts.Every High Court shall have and exercise the same jurisdiction. records and judicial proceedings of the Union and of every State.6) Publication of information relating to proceedings in chambers or in camera . powers and authority.in respect of any statement made by him in good faith (Sec.not contempt except in certain cases (Sec 7 ) Act not to imply enlargement of scope of contempt (Sec 9. The primary purpose of giving courts contempt jurisdiction is then to uphold the majesty and dignity of the courts and their image in the minds of the public.not contempt (Sec. 1971 . in such manner as the President may by order prescribe. If such confidence and faith were allowed to be shaken then this would have serious repercussions on 8 .261. Art.10] OBJECT AND PURPOSE OF THE CONTEMPT OF COURTS ACT The people of India have a lot of faith in the judiciary which is primarily entrusted with the duty of administering justice.).3) Fair and accurate report of judicial proceeding . The Contempt of Courts Act.5) Complaint against presiding officers of subordinate courts when not contempt. in accordance with the same procedure and practice. and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and. in respect of contempt of courts subordinate to it as it has and exercises in respect of contempt of itself : Provided that no High Court shall take cognizance of a contempt alleged to have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the Indian Penal Code.not contempt(Sec. “contempt of court” has been divided into two categories: I. order. Civil contempt Criminal contempt Civil contempt means . spoken or written. II. 2. in the presence of court. any court. The law of contempt provides the necessary tool to the courts to check unwarranted attacks or efforts at undermining the Rule of Law. there is a three-fold classification of Contempt: 1. prejudices. Prejudicing the public before the cause is heard. 9 . or willful breach of an undertaking given to a Court” (section 2. scandalizes or tends to scandalize or lowers or tends to lower the authority of.the justice-delivery system of our country. the administration of justice in any other matter (section 2. or obstructs or tends to obstruct. or by signs. or by visible representations or otherwise) of any matter or the doing of any act whatsoever. 4. ESSENTIALS The elements generally needed to establish contempt are: 1. Abusing parties who are concerned in the cause. proceeding. or Interferes or tends to interfere with.“willful disobedience to any judgment. or other process of a Court. the due course of any judicial III. the making of a valid court order. and Willful disobedience of the order. which : I. direction. 3.c). TYPES According to Lord Hardwick. 3. 2. decree.The publication (whether by words.b). or interferes or tends to interfere with. ability of the respondent to render compliance. knowledge of the order by respondent. II. Scandalizing the court itself. Criminal contempt means . Under Indian law. writ. A civil contempt is a failure to obey the court’s order issued for the benefit of the opposing party. There is not much of a problem with regard to civil contempt. However. the person charged with contempt has a right to file an affidavit in support of his defense. or tend to interfere with the administration of justice (section 3). Secondly. and also to produce such evidence as may be necessary. Under Indian law. and the scandalising of the court. A complaint against the presiding officers of subordinate courts. Broadly. made in good faith (section 6). for the purpose of safeguarding the dignity of the court (articles 129 & 215 of the Constitution of India). inasmuch as it is essentially a willful disobedience of the order of a court. Fourthly. First. there has always been uncertainty with regard to “scandalising” the court. the following are not contempt: Innocent publication and distribution of any matter by words. such a person has a right to be defended by an advocate. and. or by signs or visible representations. the High Court has power to punish for contempt. Under the rules framed under the Act. after hearing both sides (section 17). Fair criticism of a judicial act or any proceedings (section 5). the court will then pass an order. Very often the courts have not been able to distinguish between the scandalising of a judge. 10 . In the case of subordinate courts. in the case of criminal contempt. It has always been held that the Supreme Court and the High Courts have inherent powers to punish anyone for contempt. which may interfere. Thirdly. these are the two categories of contempt. the principles of natural justice have to be observed before any one is held guilty.A criminal contempt is conduct that is directed against the dignity and authority of the court. there should be a notice to show cause to be served on the person charged with contempt. Fair and accurate reporting of judicial proceedings (section 4). the notice must contain the affidavits and any other material relied on in support of the action initiated. PRINCIPALS OF NATURAL JUSTICE In all cases of contempt. spoken or written. and thereafter the case proceeds like a criminal trial.There is a right of appeal from any order or decision of the High Court in the exercise of its jurisdiction to punish for contempt. PUNISHMENT Power of High Court to try offences committed or offenders found outside jurisdiction (Sec. In LED Builders Pty Ltd v Eagles Homes Pty Ltd ([1999] FCA 1213) Lindgren J stated: "It is not necessary to show that a person who has aided and abetted a contempt of court was served with the order breached. a contempt of court may be punished with simple imprisonment for a term which may extend to six 11 . the appeal is to a bench of not less than two judges. In the case of criminal contempt." LIMITATION The Limitation period for actions of contempt has been discussed under Section 20 of the Contempt of Courts Act of 1971 and is a period of one year from the date on which the contempt is alleged to have been committed. If the order is that of a bench. THIRD PARTY A third party to the proceeding may be guilty of contempt of court if they have a part to play in the offence. If the order is of a single judge.11) Punishment for contempt of court : (1) Save as otherwise expressly provided in this Act or in any other law. the appeal is to the Supreme Court (section 19). It is necessary to show only that the person sought to be made liable knew of the order. there are certain additional requirements. If the court is satisfied it shall frame a charge. The cognizance of criminal contempt can only be taken on the motion made by the Advocate-General or by any other person with the consent in writing of the Advocate-General (section 15). B. [Sec. : Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court. within sixty days. where the order or decision is that of a single Judge. or with both. where the order or decision is that of a Bench. in the case of an appeal to the Supreme Court. in the case of an appeal to a Bench of the High Court. from the date of the order appealed against. or with fine which may extend to two thousand rupees. within thirty days .months. B. Explanation. to the Supreme Court : [Sec. to a Bench of not less than two Judges of the Court .-An apology shall not be rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide. 19] LIMITATION OF THE APPEAL An appeal under sub-section (1) shall be filedA. [Sec 19 (4) ] 12 .12] APPEALS An appeal shall lie as of right from any order or decision of High Court in the exercise of its jurisdiction to punish for contemptA. Need for -held.Courts are slow in the hope that Bar Councils will take care to maintain ethical norms. uttered certain words imputing motives to the Sub-Judge in refusing to grant the stay.Had the effect of scandalizing the Court and impairing confidence of public in Court--Hence guilty of contempt Apology-Tendering of--Not to serve as mere defense against rigors of law.Should reflect remorse and contrition of contemnor.B.“It is well-settled that an apology is not a weapon of defence to purge the guilty of their offence.Decline in ethical values in the profession-Arrest ofTimely action by Bar Councils.. 18 [AIR 1991 SC 1834:1991( 3 )SCC 600] 19 [AIR 1991 SC 2176 :1991 SCC (4) 406] 13 .” DELHI JUDICIAL SERVICE ASSOCIATION Vs. handcuffed. a practicing Advocate. Gujarat--Assaulted.Tendering 'unqualified apology' in case Court finds him guilty--Not sincere-Contemnor addicted to use of contemptuous language against Judges and tendering apology--Apology used merely a device to escape--Not to be accepted--Use of contempt jurisdiction against erring members of legal profession. nor is it intended to operate as a universal panacea. HIGH COURT OF PUNJAB AND HARYANA18 Unable to secure an ad-interim stay in favour of his client. STATE OF GUJARAT19 Chief Judicial Magistrate. arrested on flimsy grounds. the appellant.CONTEMPT OF COURTS – SOME CASE STUDIES M. but it is intended to be evidence of real contriteness. SANGHI. Nadiad. photographs taken and published by Police Officers--Held constituted clear case of criminal contempt--Contemnors-punishment--Quantum of punishment determined according to degree and extent of part played by each contemnor--Guidelines laid down by Supreme Court in case of arrest and detention of a Judicial Officer--To be followed by State Governments as well as High Courts--Judicial Officer not to visit Police Station—Except in connection with official and judicial duties and with prior intimation to District and Sessions Judge. ADVOCATE v. tied with rope. Use of fetters-Not permissible. jail authorities and by subordinate judiciary-Binding directions issued.Magistrate may grant permission to handcuff prisoner -Public Interest Litigation. MOHD. STATE OF ASSAM22 Constitution of India-Arts 14. Contempt of Courts Act-Handcuffing of under-trial prisoners.Apology is not a weapon of defense forged to purge guilt of offences -Contemnors sentenced to simple imprisonment-However.Reasonable steps not taken to prevent violation of order of court-Chief Minister of the State convicted of an offence: of Contempt of Courts-Sentence of imprisonment of one day with fine of Rs. HELD –“Abuse of the process of court calculated to hamper the due course of judicial proceeding or the orderly administration of justice is a contempt of court. respondents' actions amounted to Contempt of Court. 20 [ AIR 1995 SC 548:1994( 6 )SCC 442] 21 [1995 SCC (3) 507] 22 [AIR 1996 SC 2193:1995(3)SCR 943:1995(3)SCC 743] 14 .Personal element shown in act of disobedience of order of Courts. Willful disobedience of order of Court-Babri Masjid Case-Undertaking given by Chief Minister of a State both in his personal capacity and on behalf Of his GovernmentFlagrant breach of undertaking.” CITIZENS FOR DEMOCRACY v. ASLAM OBHURE v. 21 and 32-Rights of under-trial prisoners. 2. sentence deferred subject to conditions.Handcuffs not to be forced on a prisoner -No authority with police and jail authorities to direct handcuffing of any inmate.Directions given by this Court-Mandate to be followed by police.Safe custody. 19.000 imposed. SKIPPER CONSTRUCTION21 Respondents violating directions of Court. UNION OF INDIA &STATE OF UTTAR PRADESH AND ORS20. DELHI DEVELOPMENT AUTHORITY Vs.Also filing suit in High Court in respect of same subject matter regarding which their special leave petition had been dismissed -Suo Motu notice to respondents by Court-Contemnors tendering apology-Held. The foundation of judiciary is based on the trust and the confidence of the people in its ability to deliver fearless and impartial justice. the edifice of the judicial system gets eroded. 15 . No statute can take contempt jurisdiction away from the Supreme as well as the High Court. In itself. It can be adequately inferred that the Contempt of Courts Act. It gives every organization or individual charged under the act reasonable grounds to defend it or himself. it imposes. 1971 also governs the punishments given by the High Court. 1971 is of paramount importance in the context of sustaining the concept of justice. is just and fair in them. and not to protect the self-esteem of an individual judge. but it is extremely important to make it sure by the judiciary that these provisions are not to be misused. The contempt power in a democracy is only to enable the court to function effectively. The power to punish contemprers is also vested with the High Courts under Article 215 of the Constitution and the Contempt of Courts Act. When the foundation itself is shaken by acts which tend to create disaffection and disrespect for the authority of the court by disrupting its working. Judiciary by punishing the guilty infuses faith in the supremacy of law and omnipotence of justice. The restrictions. it recognizes the equal footing of all people in the country by bringing the judiciary and its officials within its ambit. as the case may be. whereas to punish for contempt only it has jurisdiction for itself and subordinate courts. it abstains from any form of arbitrariness.CONCLUSION The Supreme Court is vested with the right to punish those guilty of contempt of Court under Article 129 read with Article 142 of the Constitution of India. Every offender is to be punished for contumacious acts under the relevant contempt laws. In the Supreme Court Bar Association case the court took a very objective view and taking the help of law and construing it in the right way came to the conclusion that the power to punish for any professional misconduct rests with the Bar. It aides to make the process of administering justice expeditious as well as upholds the dignity and faith the people have bestowed in the judicial system of the country. 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