Consent for Contempt of Court | UPSC

• The Contempt of Courts Act, 1971, lays down the law on contempt of court.

• Attorney General for India granted consent to initiate criminal contempt of court proceedings against comic illustrator Rachita Taneja.
• Rachita Taneja for allegedly scandalising the judiciary through her tweets and illustrations.

WHAT IS THE PROCEDURE?

• The Contempt of Courts Act, 1971, lays down the law on contempt of court.
• Section 15 of the legislation describes the procedure on how a case for contempt of court can be initiated.

• However, if the motion is brought by any other person, the consent in writing of the Attorney General or the Advocate General is required.
• The motion or reference made for initiating the case will have to specify the contempt of which the person charged is alleged to be guilty.

Consent for Contempt of Court | UPSC

NEED FOR THE AG’s CONSENT?

• The publication of material that scandalises or lowers the dignity of the court or prejudices or interferes with the proceedings of the court, the consent of the Attorney General is required under the law.

• Judicial time is squandered if frivolous petitions are made and the court is the first forum for bringing them in.
• The AG’s consent is meant to be a safeguard against frivolous petitions,.

IS THE AG’S CONSENT MANDATORY FOR ALL CONTEMPT OF COURT CASES?

• Before such a plea can be filed, the Attorney General must sign off on the complaint, determining if it requires the attention of the court at all.

• This is because the court is exercising its inherent powers under the Constitution to punish for contempt.
• Such Constitutional powers cannot be restricted because the AG declined to grant consent.
• The three-judge Bench headed by Justice Arun Mishra reiterated this position in the Prashant Bhushan case.

SUO MOTU

• As far as the suo motu petitions are concerned, there is no requirement for taking consent of anybody.
• This is including the learned Attorney General because the Court is exercising its inherent powers to issue a notice for contempt.

• The only requirement is that the procedure followed is required to be just and fair and in accordance with the principles of natural justice.

[wc_highlight color=”yellow” class=””]ALSO READ : CRITICISM VS CONTEMPT[/wc_highlight]

WHAT HAPPENS IF THE AG DENIES CONSENT?

• If the AG denies consent, the matter all but ends.

• The complainant can, however, separately bring the issue to the notice of the court and urge the court to take suo motu (on its own motion) cognizance.

• The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.-Article 129