Case Note & Summary
The case involves two criminal contempt petitions filed against Nandini Tulshiram Salve (the contemnor) for allegedly circulating pamphlets in the premises of the District Court at Sillod, criticizing the judgment of Mr. R.V. Wanwadi, Joint Civil Judge and Judicial Magistrate, who had acquitted her husband and others in Regular Trial Case No. 182 of 2007. The pamphlets accused the judge of corruption and used abusive language, which the judge claimed lowered the dignity of the court. The reference was made under Section 15(2) of the Contempt of Courts Act, 1971. The High Court admitted the petitions and issued bailable warrants. The contemnor appeared and filed an affidavit apologizing for her conduct and undertaking not to repeat such acts. The court considered the nature of the contempt, the apology, and the fact that the contemnor was a woman with no criminal antecedents. The court held that the acts constituted criminal contempt as they scandalized the court and interfered with the administration of justice. However, taking a lenient view, the court convicted the contemnor under Section 12 of the Act and sentenced her to simple imprisonment for one month and a fine of Rs. 2,000, but suspended the sentence and released her on probation of good conduct for one year, subject to her executing a bond of Rs. 10,000 with one surety. The court also directed the contemnor to pay costs of Rs. 5,000 to the Maharashtra State Legal Services Authority.
Headnote
A) Contempt of Court - Criminal Contempt - Scandalizing the Court - Distribution of pamphlets criticizing judicial officer and using abusive language amounts to criminal contempt as it lowers the authority and dignity of the court - Contempt of Courts Act, 1971, Sections 2(c), 12, 15(2) - The contemnor, dissatisfied with the acquittal of her husband in a criminal case, circulated pamphlets in the court premises accusing the judge of corruption and using abusive language. The court held that such acts scandalize the court and interfere with the administration of justice. The contemnor was convicted and sentenced to simple imprisonment for one month and a fine of Rs. 2,000, but considering her apology and undertaking, the sentence was suspended and she was released on probation of good conduct for one year. (Paras 1-8)
Issue of Consideration
Whether the contemnor's act of distributing and pasting pamphlets criticizing a judicial officer and using abusive language constitutes criminal contempt under the Contempt of Courts Act, 1971.
Final Decision
The court convicted the contemnor under Section 12 of the Contempt of Courts Act, 1971 and sentenced her to simple imprisonment for one month and a fine of Rs. 2,000, in default further simple imprisonment for 15 days. However, the sentence was suspended and the contemnor was released on probation of good conduct for one year, subject to executing a bond of Rs. 10,000 with one surety. The contemnor was also directed to pay costs of Rs. 5,000 to the Maharashtra State Legal Services Authority.
Law Points
- Criminal contempt
- scandalizing the court
- lowering authority of court
- Section 15(2) Contempt of Courts Act
- 1971
- Section 12 Contempt of Courts Act
- apology as mitigating factor
Case Details
2014 LawText (BOM) (01) 28
Criminal Contempt Petition No.01 of 2012 and Criminal Contempt Petition No.01 of 2013
S.S. Shinde, V.M. Deshpande
Mr. Anil Basarkar (for Petitioner in Cri.Contp.Petition No.1 of 2013), Mr. V.N. Damale (for Petitioner in Cri.Contp.Petition No.1 of 2012), Mr. S.D. Kaldate (A.P.P. for State), Mrs. Renuka Ghule – Palve (for Contemnor)
R.V. Wanwadi (in Cri.Contp.Petition No.01/2012) and Mrs. Indrakala Joginder Nanda (in Cri.Contp.Petition No.01/2013)
Nandini Tulshiram Salve & Ors.
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Nature of Litigation
Criminal contempt proceedings initiated on reference by a judicial officer against a litigant for distributing pamphlets criticizing the judge's decision.
Remedy Sought
The petitioners (judicial officers) sought action against the contemnor for criminal contempt for lowering the dignity of the court.
Filing Reason
The contemnor distributed pamphlets in the court premises criticizing the judgment of Mr. R.V. Wanwadi and using abusive language, which allegedly scandalized the court.
Previous Decisions
The contemnor's husband and others were acquitted in Regular Trial Case No.182 of 2007 by Mr. R.V. Wanwadi on 13th January 2012.
Issues
Whether the distribution of pamphlets criticizing a judicial officer and using abusive language amounts to criminal contempt.
Whether the apology tendered by the contemnor is sufficient to mitigate the punishment.
Submissions/Arguments
The petitioners argued that the contemnor's act of distributing pamphlets with abusive language and allegations of corruption scandalized the court and lowered its authority.
The contemnor submitted an affidavit apologizing for her conduct and undertaking not to repeat such acts, seeking leniency.
Ratio Decidendi
The act of distributing pamphlets in court premises criticizing a judicial officer and using abusive language constitutes criminal contempt as it scandalizes the court and lowers its authority, interfering with the administration of justice. However, a genuine apology and undertaking not to repeat the act can be considered for leniency in sentencing.
Judgment Excerpts
The Contemnor allegedly circulated the pamphlets in the premises of the District Court under the guise of deemed permission of the District Court and also pasted those pamphlets on the wall and, thereby, criticized the decision given by Mr. R.V. Wanwadi, Jt.C.J.J.D. & J.M.F.C., Sillod and also used abusive language.
The act of the contemnor amounts to criminal contempt as defined under Section 2(c) of the Contempt of Courts Act, 1971.
Considering the apology tendered by the contemnor and her undertaking, we are inclined to take a lenient view.
Procedural History
The reference was made by Mr. R.V. Wanwadi on 28th September 2012, registered as Criminal Contempt Petition No.01 of 2012. Another reference by Mrs. Indrakala Joginder Nanda was registered as Criminal Contempt Petition No.01 of 2013. The High Court admitted the petitions on 16th October 2012 and issued bailable warrants. The contemnor appeared and filed an affidavit of apology. The court heard the matter and delivered judgment on 28th January 2014.
Acts & Sections
- Contempt of Courts Act, 1971: 2(c), 12, 15(2)
- Indian Penal Code, 1860: 498(A), 323, 504, 506, 34
