Bindu Kapurea vs Subhashish Panda 2025 INSC 784- Contempt Of Court
Constitution of India - Article 129 - Supreme Court, being a court of record, is vested with inherent powers to punish contempt-These broad- ranging powers are not merely procedural but are central to preserving the dignity, authority, and effective functioning of the judiciary. In fact, the contempt powers are integral to maintaining the sanctity of judicial proceedings.The constitutional provision for contempt is not subordinate to Parliamentary Legislation; rather, it represents an intrinsic aspect of the judiciary’s autonomy. As a nation rooted in the Rule of Law and constitutionalism, there is immense faith placed in its judiciary, so much so that orders of this Court carry a binding force equivalent to that of Legislative enactments. (Para 10) The power to punish for contempt, though wide and constitutionally entrenched, is to be exercised with circumspection in a manner that serves the ends of justice rather than merely penalising the individual. (Para 13) Public authorities and public servants are duty-bound to act in the furtherance of public interest, with every action aligned to subserve the common good. In adjudicating contempt, the Court must necessarily consider the nature and degree of contempt. To instantiate, while public officials may be engaged in the performance of their duties, if there is even an attempt to exhibit wilful and deliberate disregard for the orders of this Court, such conduct would not merely amount to contempt in the narrow sense defined under Statute. Rather, it has a cascading effect—it fosters a perception that judicial directives can be defied with impunity. This cannot be viewed as routine disobedience but must be recognised as a serious affront to the Rule of Law itself. Such acts are generally classified as grave and offensive instances of contempt, warranting appropriate punishment without any misplaced sympathy or unwarranted magnanimity from the Court- On the contrary, where the Court finds that a breach of its order amounts to technical contempt, absent any intent to wilfully defy or disobey its authority, this Court has evolved the practice of affording an opportunity to purge such contempt. For example, where the breach of the Court’s order stems from an act genuinely intended to serve the larger public interest and undertaken in good faith, the Court may lean towards magnanimity and provide the contemnor(s) with an opportunity to purge the contempt. (Para 15) The conscious non-disclosure of material facts before this Court during the course of proceedings strikes at the very heart of the justice delivery system. It contaminates the sanctity of judicial proceedings, may cause irreversible prejudice to the opposite parties, and carries the potential to result in erroneous precedents being laid down. (Para 17)
Supreme Court says that there is immense faith placed in judiciary, and that its orders carry a binding force equivalent to that of Legislative enactments. https://t.co/r5GL3SRXE3 pic.twitter.com/5ZxsAhGdNL
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