King Louis XIV of the France said that he was the State.Similarly,Judges of the Supreme Court of India think that they are the Supreme Court.
Sedition is the Weapon of the ruling Party to suppress the voice against the Govt and the Contempt of Court is becoming a Weapon to suppress the voice against the Judges.
When Judges of the Supreme Court or any Court Subordinate thereto act in their Official Capacity,then Judges may be the Supreme Court or the Concerned Subordinate Court.But when Judges of the Supreme Court or any Court Subordinate thereto act in their Personal Capacity,then Judges are only Judges,not the Supreme Court or the Concerned Subordinate Court.
Issuance of a Contempt of Court Notice to Justice C.S. Karnan of the Calcutta High Court by a Bench of seven senior-most judges of the Supreme Court and directing him to appear before the Court on dated 13/02/2017 due to his letter to the Prime Minister making allegation of Corruption against 20 retired and sitting judges of High Courts and the Supreme Court is the arbitrary exercise of the Contempt Power.
Allegations relate to transfer of black money to foreign countries by these judges after Demonetization.Whether allegations be true or false,it is totally immaterial here.What is material is that allegations relate to act allegedly done by Judges in their Personal Capacity,not in Official Capacity.It is well settled that when judges act in Personal Capacity,then they are not court.Judges may be court when they act in Official Capacity.Then how such allegations of corruption which relate to affairs of Personal Capacity of judges can be treated as the Contempt of Court?It may be defamation of those 20 judges against whom allegations have been made,but never,never and never the Contempt of Court.These 20 judges may file criminal or civil defamation case against Justice C.S. Karnan,but invoking Contempt Jurisdiction is the Colourable Exercise of Judicial Power.
I propose to amend the Contempt Law to prevent the abuse of the Contempt Jurisdiction by the Judges .A proviso must be inserted in the Articles 129 and 215 of the Constitution of India and Section 2(c) of the Contempt of Courts Act,1971 providing that the publication or the allegation made against a Judge or the Magistrate relating to his act alleged to be done in his Personal Capacity is not Contempt.
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