Law Insider India

Legal News, Current Trends and Legal Insight | Supreme Court of India and High Courts

Supreme Court: Legislation cant take away Court’s Power of Contempt

2 min read

Contempt of Court

Shivangi Prakash-

Published On: September 29, 2021 at 13:53 IST

The Supreme Court today found the Chairperson of an NGO guilty of Contempt for failing to deposit a sum of Rs. 25 lakh for “scandalising and browbeating” the Court and ruled that the Court’s authority of Contempt cannot be taken away even by a legislation.

The Chairperson of the NGO Suraz India Trust, Rajiv Daiya, has been “throwing mud” at everyone including the Court, administrative employees and the State Government stated the Bench of Justices Sanjay Kishan Kaul and MM Sundresh.

“We are of the view that the contemnor is clearly guilty of contempt of Court and his action to scandalise the Court cannot be countenanced,” the Supreme Court said.

The power to punish for contempt is a constitutional power vested with this Court which cannot be taken away even by a legislative enactment,” the Court further noted.

Rajiv Daiya was served with a notice by the Supreme Court, instructing him to appear on October 7 for the punishment hearing.

In terms of money recovery, the Bench stated that it could happen as land revenue arrears.

The Supreme Court had served Mr Daiya with a Contempt notice, asking him to explain why he should not be prosecuted and sentenced for his attempt to embarrass the Court.

Mr Daiya had told the Court that he lacked the financial means to pay the Supreme Court’s charges and that he would Petition the President of India for mercy.

The Supreme Court was hearing a Petition filed by Rajiv Daiya seeking reversal of the Supreme Court’s 2017 decision imposing costs of Rs 25 lakh on it for filing 64 PILs without result over the years and “repeatedly exploiting” the Apex Court’s jurisdiction.

Also Read: Andhra Pradesh HC grants relief to IAS Officers for Contempt of Court

Supreme Court: Right to get aid not Fundamental Right