Top

One year limitation must for suo motu contempt, says SC

The suo motu action is also set in motion on a Reference made to it by the subordinate court.

New Delhi: In a ruling that will benefit the media, the Supreme Court has held that one-year limitation period as provided under the provisions of the Contempt of Courts Act will be applicable for initiating suo motu contempt proceedings against a magazine or a newspaper by the High Court concerned.

Giving this ruling a Bench of Justices Kurian Joseph and Rohinton Nariman said Criminal Contempt of court can be initiated by the High Court either suo motu or on a motion by the Advocate General.

The suo motu action is also set in motion on a Reference made to it by the subordinate court. Being a jurisdiction which, when exercised, is fraught with serious consequences, the Pa-rliament has thought it justifiably fit to provide for such safeguards.

A magazine in its 10.11.2008 edition, had published an article which mainly dealt with the Provident Fund Scam. The names of the Judges, who are allegedly involved in the case, were also published.

On 18.11.2008, one Mr. Manoj Kumar Sriva-stava and Mr. Veer Singh, advocates practicing in the Allahabad HC had petitioned to High Court to take contempt proceedings against the magazine and the author. According to them, the article “has caused great insult to the Higher Judiciary.

( Source : Deccan Chronicle. )
Next Story