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Literature from the Indian Context

A.G. Noorani, EPW, Civil Liberties – Public Discussion and Contempt of Court, December 1984 [Restricted Access]

This article discusses the question of application of contempt of court in case of not a criminal case but a constitutional one, using the illustration of a writ petition through the Tamil Nadu Exhibition of Films through VCR (Regulation) Act, in which the legislation itself was in question.

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Article 19, Background Paper on Freedom of Expression and Contempt of Court, November 2000

This paper can be accessed at the Article 19 website. 

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V. Venkatesan, Frontline, What constitutes ‘scandalising the court’, May 2001

This article discusses the exact constituents of contempt of court in the context of its definition under various sources and the Wah! India case. It questions the definition of ‘contempt of court’ as implied by the case, and suggests a rethink on the point.

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Arundhati Roy, Frontline, A reply to the court, November 2001 [Open Access]

Arundhati Roy’s affidavit submitted to the Court in response to a Contempt notice issued to her, denying any contempt on her part.

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S. P. Sathe, EPW, NBA Contempt of Court Case, November 2001[Paid Database]

A comment on the Contempt of Court law in general, and on the specific contempt of court case against three members of the Narmada Bachao Andolan.

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Sukumar Mukhopadhyay, EPW, Truth on Its Way to Half a Victory, February 2006 [Restricted Access]

A commentary on ‘truth as a defence’ to contempt of court, and how the amendment to the Contempt of Court Act, 1971, is only half a step, though it is nonetheless in the right direction. Also notes that the High Court and the Supreme Court are not affected by the amendment.

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Dasu Krishnamoorthy, The Hoot, Media and Judiciary, September 2006

This article is a comment on press reporting on criminal cases, in the context of some of the statements made by then Law Minister H R Bharadwaj, and contradictory statements made by Supreme Court Judge K G Balakrishnan and Solicitor General E. Vahnvati, then Karnataka Lokayukta N. Santosh Hegde, and others.

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V. Venkatesan, Law and Other Things, Contempt of Court – Arundhati Roy Case Revisited, September 2007

An analysis and critique of the 2001-2002 Supreme Court Contempt of Court case of Arundhati Roy (ref.), in response to the Mid-Day case (ref.).

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Madhu Bhaduri, EPW, The Contempt of Evidence, October 2007 [Restricted Access]

An analysis of the Justice Sabarwal Contempt of Court case, against Mid-Day reporters, along with an analysis of the protection the Courts have given themselves from media attention.

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K.G. Balakrishnan, Address to a Workshop on Media Reporting and NREGA in Assam, April 2009

An address by the CJI Hon’ble Sh. K.G. Balakrishnan to a workshop in Assam, the first half of which deals with the role of the media in the administration of justice. He talks about ‘freedom of the press’ and its corresponding responsibilities, and also outlines the broad categories of concern with respect to the report of press proceedings. He also provides a basic and broad explanation of the doctrine of Contempt of Court as it stood at the time and comments on the changes, technology is bringing to the process.

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Kannan Kasturi, India Together, Is ‘contempt of court’ blocking justice, December 2010

This article discusses the broad legal definition and constituents of the law of Contempt of Court, touching on the acts of 1926, 1952, and 1971, the Constitution, and certain cases, also discussing the principle of ‘truth as a defence’.

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N P Chekkutty, The Hoot, A Debate on Right to Report, July 2012

This article discusses the question of Contempt of Court by the Media, right of the media to report in a case once an FIR has been filed, and the extent of such right, in the context of widespread news reports in Kerala after rebel CPM leader P. Chandrashekharan was hacked to death, and the numerous contempt of court petitions that had been filed in the Kerala High Court after the same.

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Shuchi Bansal, Livemint, ‘What will this SC order achieve’, September 2012

This article is a comment on the SC order in Sahara India Real Estate v. Securities & Exchange Board of India. It also makes note of the various opinions on the topic.

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Prachi Shrivastava, Legally India, Express & Pioneer to carry front page apologies to SC for court reporting, November 2012

Comment on a SC case wherein it had suo moto brought proceedings against two newspapers for their reports, finding them in contempt of court.

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Dhananjay Mahapatra, Law Resource India, Harish Salve Explains SC Powers on Contempt, April 2012

An article reporting Harish Salve’s explanation of the SC’s powers on Contempt of Court in response to a query by a five-judge bench during the hearing of a case filed by Vodafone, and on the clash between freedom of press and the right to dignity and reputation of the persons involved in a case.

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S P Sathe, EPW, Freedom of Speech and Contempt of Court, October 1970 [Restricted access]

This article is a comment on the EMS Namboodiripad v. T N Nambiar case (ref. ), which also discusses the evolution of the Indian law of Contempt, the influence of the English law on it, and suggests that the power of the courts under ‘contempt’ should be redefined in the context of ‘reasonableness’, and says that the dicta of the chief justice insofar as it restricts the restriction on freedom of expression only to cases where contempt is ‘manifest’ or ‘substantial’ is a definite improvement. It notes that the law of contempt is necessary, but should be redefined and limited to cases where it actually interferes with the administration of justice.

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Soli J. Sorabjee, Freedom of Expression and Censorship – The Indian Experience, 1994 [Restricted access]

This article discusses the importance of the freedom of expression and the freedom of press in the Indian context, and in the specific context of the constitution and the restrictions it allows to be placed on it. It then discusses censorship as an inevitable result of this, focusing on prior restraint and traces the history of legislation and cases on these principles, from the perspective of both civil and criminal law, and concludes with recommendations on changes which are needed, mentioning the law of contempt specifically.

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A.G. Noorani, EPW, Contempt of Court and Free Speech, May 2001 [Restricted Access]

This book review discusses the theory of Contempt of Court, in the context of its removal from the English courts, the European Convention on Human Rights, the Australian High Courts, and the Tasmanian case of a newspaper called The Mercury, and concludes with the note that though our Constitution adopted British law as frozen in 1950, it has failed to since then keep up with the developments in it, or with its spirit.

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B. Manna, Mass Media and Related Laws in India, January 2006 [eBook Chapter]

A summary, analysis, and case study of the laws around contempt of court in India, along with their history.

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Salonika Kataria & Aneesh Sharma, NUJS Law Review, Cameras in Indian Courtrooms a Bliss or a Misery – Learning from The American Experience, 2008 [Open Access]

This article focuses on the idea of introducing cameras in Indian courtrooms, tracing the origins of the idea back the United States, making a cost-benefit analysis of the suggestion. It considers the advantages of such a step in educating the Indian masses about the judiciary to its drawbacks with regards to the right to fair trial and due process of law of an accused. It attempts to establish that such a system is not currently feasible.

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Mriganka Shekhar Dutta & Amba Uttara Kak, Contempt of Court – Finding the Limit, 2009 [Open Access]

This paper traces the origin and the principles behind the theory of Contempt of Court. It starts with tracing the legitimacy of contempt of court and its purpose using sources from English law and Hindu Law, and raises questions regarding the former. It comments on the Contempt of Courts Act, 1971, and the Contempt of Courts Act, 1952, arguing that it seems to be either evolving to a less objectionable model, or heading towards abolishment entirely. It comments specifically on the Arundhati Roy case, criticising the Supreme Court’s actions in it, and also on other landmark Indian cases on Contempt of Court such as Namboodripad and Wah! India case. It then comments on the concept of Truth as a Defence. It concludes with statements that note the colonial origin of the law of Contempt, the atrocities that are caused by the courts under these principles, and recommend abolishment of the law entirely, or its modification to a more suitable form.

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Shayonee Dasgupta & Sakshi Agarwal, Judicial Accountability and Independence – Exploring the Limits of Judicial Power, 2009 [Open Access]

This article examines judicial accountability in the context of contempt of court, in its status as being at loggerheads with judicial independence. It does not focus on the media aspect of Contempt.

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Prashant Bhushan, EPW, Securing Judicial Accountability – Towards an Independent Commission, October 2007 [Open Access]

This article, written in response to Contempt of Court proceedings against journalists, explores the need for greater judicial accountability. It notes that the judiciary currently holds too much power, and how difficult it is to impeach a member of the judiciary, the fear that has been created in the media for Contempt of Court proceedings, traces the colonial legacy of the principle, outlines issues in the 2006 bill, and finally concludes with its recommendation of an independent National Judicial Commission to investigate charges against judges.

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Arpan Banerjee, Judicial Safeguards Against Trial by Media – Should Blasi’s ‘Checking Value’ Theory Apply in India, January 2011

Discusses the "trial by media" phenomenon India. Examines case law on pre-trial publicity and contempt of court.

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Mithilesh Kumar, Mondaq, Media Trial Versus Free and Fair Administration of Justice – Need for Guidelines, September 2013

A summary of the essential principles given by the court in the case of Sahara v. SEBI, and a commentary on the legal situation surrounding the law of Contempt of Court.

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Venkatesan, India Journal of Constitutional Law, Truth as a Defence: How Effective is the Amendment of the Contempt of Courts Act?, 2008

This article can be accessed from the CommonLII database. 

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A.G. Noorani, The Hindu, An American Lesson in Court Reporting, April 2012

This article makes a comparison between the general attitude to Contempt of Court and Court Reporting in the US and in India, which highlights the amount of freedom given to American journalists to comment on court proceedings, and thus also highlights the lack of the same in India.

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A.G. Noorani, Frontline, Courts and Contempt Powers, April 2000

This article is a comment on the law of Contempt of Court in India in the context of the Arundhati Roy case, and it also draws a comparison between the decline of Contempt laws in other countries and its Indian situation.

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