Lekha G
The Central Government in an affidavit has told the Karnataka High Court that Section 2 (c)(i) of Contempt of Courts Act was a reasonable restriction on freedom of speech and expression to protect the independence of Judiciary.
The Centre further said that such provision is protected under Article 19(2) of the Constitution and contempt of Court must be decided according to the circumstances of each case.
It also countered the contention of petitioners that “Scandalizing the Court” as a ground of defamation is rooted in colonial assumptions was just a mere figment of their imagination.
The Centre opposing the argument of petitioners that scheme of the Act was vague said that, “The scheme of the Contempt of Courts Act defines both civil and criminal contempt. At the same time, Sections 3 to 9 protects innocent publication, fair and accurate reporting of judicial proceedings, fair criticism of judicial act etc. It cannot be said that the provision suffers incurably from vagueness and arbitrariness.”
The affidavit was filed in response to a plea by Journalist Krishna Prasad, Supreme Court lawyer Prashant Bhushan, Hindu Group Director and Journalist N Ram and former Union Minister Arun Shourie that challenged Section 2(c)(i) on the ground that it has a deterring effect on the right to freedom of speech under Article 19 of the Constitution.
The Court listed the matter for further hearing on June 28, 2021.