Contempt of Court By Justice Katju

I have always said that the present law of contempt in court in India needs to be amended

https://timesofindia.indiatimes.com/blogs/satyam-bruyat/its-time-to-amend-law-on-contempt-of-court

In this connection I may narrate an amusing incident which I witnessed in the Allahabad High Court.

The incident happened in 1971 or so when I was a very junior lawyer in the Court. Being a very junior lawyer I had no work, and so would sit in some court or the other witnessing some proceeding there.

One day I was sitting in the court of Chief Justice Shashi Kant Verma and Justice Satish Chandra. It so happened that an old man in Meerut ( which is 728 kms from Allahabad ) had written a post card and sent it to the High Court. In that he wrote that though India had become independent in 1947, the Indian judges still had the mentality of our erstwhile colonial British rulers.

The Registrar of the High Court placed it before some judge, who issued notice of contempt of court to the old man of Meerut, fixing a date for his appearance.

Despite receiving the notice, the old man who wrote the post card did not appear in court on the date fixed. Hence a bailable warrant was issued to him, and when he still did not appear, a non bailable warrant was issued, and ultimately the police arrested him and brought him to Allahabad.

The case was listed before the 2 judges abovementioned.

The Chief Justice said to his brother judge on the bench ” Brother, let it go. He has only sent a post card which has not been publicized. Moreover, he has not named any particular judge. So let us discharge the notice ”.

But Justice Satish Chandra was adamant, saying it was a very serious matter, and unless strong action was taken the judiciary would be greatly damaged.

Having said this, he turned towards the old man and asked him why he did not appear in court when summons and the bailable warrant was issued to him.

The old man replied that he did not do so because he was a poor man, and so he thought that when the non bailable warrant was issued and he was arrested, the police would bring him to Allahabad, and he would not have to buy a train ticket to go to Allahabad. 

On hearing this, the Chief Justice laughed, and remarked ” All right, you may go. We are discharging the notice ”.

At this, the old man said ” How can I go ? I have no money to go to Meerut ”.

The Chief Justice then asked ” What is the cost of a ticket to Meerut ? ”

The old man said 450 rupees.

Then the Chief Justice, his brother judge on the bench, and the Advocate General ( who was present in court ) each took out 150 rupees from their wallets and gave it to the old man.

The moral of this story for judges is : dont issue contempt of court notice unless absolutely necessary