Case Note & Summary
The present appeal is by the appellant-contemnor under Section 19(1)(b) of the Contempt of Courts Act, 1971, against the judgment dated 23rd April, 2025, passed by the Division Bench of the High Court of Judicature at Bombay in Suo Motu Criminal Contempt Petition No. 2 of 2025. The High Court held the appellant guilty of criminal contempt punishable under Section 12 of the Contempt Act, sentenced her to undergo simple imprisonment for a period of one week and imposed a fine of Rs. 2,000. The appellant is a former Director, Cultural of Seawoods Estates Ltd. The brief facts are that the appellant made certain statements that were alleged to be contemptuous. The Supreme Court, after hearing the parties, noted that the appellant had tendered an unconditional apology and expressed genuine remorse for her actions. The Court observed that the power to punish for contempt carries the concomitant power to forgive, and that mercy must remain an integral part of judicial conscience. The Court accepted the appellant's apology, set aside the conviction and sentence, and allowed the appeal. The Court also directed that the fine, if paid, be refunded.
Headnote
A) Contempt of Courts Act, 1971 - Criminal Contempt - Section 12 - Punishment - Remorse and Apology - The power to punish for contempt carries the concomitant power to forgive where the contemnor demonstrates genuine remorse and repentance. Courts must remain conscious that contempt jurisdiction is not a personal armour for Judges nor a sword to silence criticism. Mercy must remain an integral part of judicial conscience, to be extended where the contemnor sincerely acknowledges his lapse and seeks to atone for it. (Paras 1, 10-12) B) Contempt of Courts Act, 1971 - Criminal Contempt - Section 12 - Purge of Contempt - Unconditional Apology - Where the contemnor tenders an unconditional apology and demonstrates genuine remorse, the contempt can be purged and the sentence may be set aside. The Court accepted the appellant's apology and set aside the conviction and sentence. (Paras 10-12)
Issue of Consideration
Whether the appellant's conviction for criminal contempt and sentence of one week simple imprisonment and fine of Rs. 2,000 should be upheld or set aside in light of her unconditional apology and remorse.
Final Decision
The Supreme Court allowed the appeal, set aside the conviction and sentence of the appellant, and directed that the fine, if paid, be refunded.
Law Points
- Contempt of Courts Act
- 1971
- Section 12
- Section 19(1)(b)
- Criminal contempt
- Remorse
- Apology
- Purge of contempt
- Mercy in contempt jurisdiction
