DELHI JUDICIAL SERVICE ASSOCIATION TIS HAZARI COURT, DELHI ETC. ETC. versus STATE OF GUJARAT AND ORS. ETC. ETC.

Citation: [1991] 3 S.C.R. 936 · Decided: 11-09-1991 · Supreme Court of India · Bench: K.N. SINGH · Disposal: Disposed off
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Judgment (excerpt)

A 
B 
c 
D 
E 
F 
G 
H 
DELHI JUDICIAL SERVICE ASSOCIATION TIS HAZARI 
COURT, DELHI ETC. ETC. 
v. 
STATE OF GUJARAT AND ORS. ETC. ETC. 
SEPTEMBER 11, 1991 
[K.N. SINGH,'KULD!P SINGH AND N.M. KASLIWAL, JJ.] 
Constitution of India, 1950: Articles 32, 129, 136, 141, 142, 
246,374(2) and Schedule VII List 1, Entry 77. 
Contempt of Court-Punishment of-Power and jurisdiction of 
the Supreme Court-Held Court has inherent power and jurisdiction to 
take action for contempt of subordinate or inferior courts aliJo---Power 
to be exercised sparingly~Only when contempt is 'likely to have 
repercussions throughout the country. 
Contempt of Court-High Courts as Courts of Record have 
inherent power and jurisdiction to take action for contempt of subordi-
nate or inferior courts-Supreme Court having judicial superintendence 
over all courts in the country has same jurisdictic-n. 
Contempt of Court-Civil and criminal contempt-Criminal 
contempt_;,__Wide enough to include any act which would tend to interfere 
with administration of justice or which would lower the dignity and 
authority of court. 
Chief Judicial Magistrate-Assaulted, arrested on flimsy grounds, 
handcuffed, tied with rope, photographs taken and published by Police 
.Officers-Held constituted clear case of criminal contempt-Con-
· temners-punishment-Quantum of punishment determined according 
to qegree and extent of part played by each contemner-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 connec-
tion with official and judicial duties and with prior intimation to District 
and Sessions Judge. 
Contempt proceedings in Supreme Court-Dispute regarding 
facts-High Court Judge appointed as Commissioner-Inquiry made, 
evidence recorded and report submitted-Held contmmers not persons 
accused of an offence. 
936 
• 
t 
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r 
' 
JUDL. SERVICE .ASSN. '· STATE OF GUJARAT 
937 
Supreme Court-Supervisory and appellate jurisdiction of--
Plenary jurisdiction unaffected by self imposed restrictions of the 
Court-From plenary jurisdiction flows supervisory jurisdiction over all 
courts and Tribunals in India. 
· 
A 
Supreme Court's jurisdiction and power not limited-Can deter-
B 
mine its own jurisdiction and it will be finai Supreme Court taking 
cognizance of contempt matter arising out of an incident subject 
matter of trial before a criminal court-Has ample power to do 
complete justice and prevent abuse of process of court-'Cause' or 
'matter' includes proceeding pending in Civil or criminal matter-
Need to do 'complete justice' would depend on facts and circumstances 
~=· 
c 
Precedents-Decisions of Federal Court-Not binding but enti-
tled to great weight-Changes brought about by Constitution to be kept 
in mind while considering Federal Court, Privy Council decisions. 
Contempt of Courts Act, I97 I-Sections 2(c), I2 and 15. Criminal 
contempt-Object of punishing contemner-To protect administration 
of public justice-Not to protect Judges personally. 
D 
Police Officers assaulting, arresting and handcuffing Chief Judi-
cial Magistrate-Publishing photographs in newspapers-Held consti- E 
tuted criminal contempt-Punishment to contemners determined having 
regard to degree and extent of part played by each contemner-
Guidelines laid down by Supreme Court to be followed by State 
Governments and High Courts while arresting Judicial Officers. 
Criminal contempt proceedings different from ordinary criminal F 
proceedings. 
'Courts of Record'-Have power to summarily punish for con-
tempt of court-Contempt of Courts Act I97 I does not curtail inherent 
power of Supreme Court to punish for contempi 
Statutory Interpretation. 
G 
Constitution-Interpretation of-Not permissible to adopt a con-
struction which would render any expression super:fluous or redun-
dant-Regard to be had to the social, economic and political changes, 
need of the Community and the independence of the judiciary-
H 
A 
938 
SUPREME COURT REPORTS 
[1991) 3 S.C.R. 
Supreme Court cannot be a helpless spectator bound by precedents of 
colonfo/ .days which have least relevance. 
Criminal Procedure Code, I973. Section 6 and Chapter Xll. 
Chief Judicial Magistrate-Postition and role of-Coordination, 
B 
Cooperation of police necessity for-Police to be scrupulously fair to 
offender-Magistrate to ensure fair investigation and fair trial of 
offender-Magistracy
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