HC warns of contempt against interference

By A Staff Reporter

IMPHAL | Nov 7

The High Court of Manipur has issued a notice advising any person or organization not to interfere with the functioning and administration of justice so as to avoid attracting legal proceedings under the law.

A public notice was issued by the HC signed by the registrar general, in the wake of a statement issued by the Democratic Students’ Alliance Manipur (DESAM) strongly opposing selection of five non-local candidates for Manipur Judicial Service-III under the High Court (HC).

Demanding the authority concerned not to allow the five non-locals to attend the DPC, DESAM cautioned to take extreme steps if the demand is not comply with.

The notice stated that HC has considered the matter and has taken serious note of the same and is of the view that while one may be free to express his or her opinion/view on any public issue as part of his/her right to freedom of speech and expression as guaranteed under Article 19 of the Constitution of India, it is to be remembered that such fundamental rights are also subject to reasonable restrictions.

It asserted that if such acts or deeds interfere or tend to interfere with the administration of justice in any manner, it may attract criminal contempt as provided under the Contempt of Courts of Act, 1971.

The notice pointed out that publication of similar articles which is contemptuous or scandalizes or which lowers the authority of the High Court by any newspaper or media may also attract the provision of Contempt.

It maintained that the HC is the highest judicial authority in the state of Manipur discharging the sovereign judicial power of the state and the judiciary is an indispensable part of the democratic institutions, upholding the rule of Law.

“The independence of judiciary has been also declared to be a basic feature of the Constitution of India and every citizen and organizations or institutions or authorities functioning in this country are to uphold the rule of Law and the Constitution of India and respect the independence of judiciary, as otherwise it will seriously undermine the rule of Law and the Constitution.

“The High Court of Manipur is the custodian and is primarily tasked with the responsibility of upholding the rule of Law in the state of Manipur and cannot countenance any such act by any person or organization to with the functioning of the HC”, it said.

Subsequently, it urged that if person or organization is aggrieved by any action of the HC or with the recruitment process in issue, it is open to them to approach the appropriate forum for redressal of their grievances but not by issuing any public statements containing threat/intimidation or warning the Court.

By A Staff Reporter

IMPHAL | Nov 7

The High Court of Manipur has issued a notice advising any person or organization not to interfere with the functioning and administration of justice so as to avoid attracting legal proceedings under the law.

A public notice was issued by the HC signed by the registrar general, in the wake of a statement issued by the Democratic Students’ Alliance Manipur (DESAM) strongly opposing selection of five non-local candidates for Manipur Judicial Service-III under the High Court (HC).

Demanding the authority concerned not to allow the five non-locals to attend the DPC, DESAM cautioned to take extreme steps if the demand is not comply with.

The notice stated that HC has considered the matter and has taken serious note of the same and is of the view that while one may be free to express his or her opinion/view on any public issue as part of his/her right to freedom of speech and expression as guaranteed under Article 19 of the Constitution of India, it is to be remembered that such fundamental rights are also subject to reasonable restrictions.

It asserted that if such acts or deeds interfere or tend to interfere with the administration of justice in any manner, it may attract criminal contempt as provided under the Contempt of Courts of Act, 1971.

The notice pointed out that publication of similar articles which is contemptuous or scandalizes or which lowers the authority of the High Court by any newspaper or media may also attract the provision of Contempt.

It maintained that the HC is the highest judicial authority in the state of Manipur discharging the sovereign judicial power of the state and the judiciary is an indispensable part of the democratic institutions, upholding the rule of Law.

“The independence of judiciary has been also declared to be a basic feature of the Constitution of India and every citizen and organizations or institutions or authorities functioning in this country are to uphold the rule of Law and the Constitution of India and respect the independence of judiciary, as otherwise it will seriously undermine the rule of Law and the Constitution.

“The High Court of Manipur is the custodian and is primarily tasked with the responsibility of upholding the rule of Law in the state of Manipur and cannot countenance any such act by any person or organization to with the functioning of the HC”, it said.

Subsequently, it urged that if person or organization is aggrieved by any action of the HC or with the recruitment process in issue, it is open to them to approach the appropriate forum for redressal of their grievances but not by issuing any public statements containing threat/intimidation or warning the Court.

Read more / Original news source: http://www.ifp.co.in/item/4875-hc-warns-of-contempt-against-interference