Verdict in DA Case-J Jayalalithaa: Commenting court judgment is contempt of court

Who will tie bell to the cat? Everyone knows the kids story. 

Almost five days now and on…Still there are series of protests, agitations, statements and attempts to end lives continues in the state for the conviction slapped on the former chief minister of Tamil Nadu J Jayalalithaa.

The court judgment cannot be questioned by any person as per the constitution of law. It is against law and it invokes contempt of court proceedings.

Criminal contempt " 

- publication (whether by words spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which-

(i)                  scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court; or

(ii)                prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or 

(iii)               interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner;

If any lawyer files a PIL before the special court in Karnataka or in any other courts, then it may turn into a major havoc for the protestors' and the rulers in the state. Will the agitators know that these protests against the judge and his verdict will turn against those who are now in prison?

Sympathy

As a resident of Tamil Nadu, I am also having sympathy - like many other millions of people in the state- towards the former chief minister J Jayalalithaa. As she has fan followers and, ardent and disciplined millions of supporters in AIADMK, the party can organize a venue to conduct a peace fasting. It’s to show their strength and unity.

Judge John Michael D'Cunha

Abusing the judge John Michael D’Cunha for awarding imprisonment in public is a contempt of court. I am wondering whether the learned people and professionals including the lawyers of the Madras high court are aware of the fact?

The special court in Bangalore has convicted J Jayalalithaa with four year imprisonment with Rs25 crore fine amount in the Rs66 crore disproportionate assets case slapped on her and her close aide N Sasikala, J Elavarasi and V N Sudhakaran. Though the judgment comes after 18 years, Jayalalithaa loses her MLA post as well as the chief minister post due to the amendment in the Representation of People Act last year.

What is the Representation of People Act says:

For more details click the following link: http://timesofindia.indiatimes.com/india/From-now-lawmakers-who-get-two-years-in-jail-will-lose-seats/articleshow/22379224.cms

So far, as many as 22 people have ended their valuable lives for the sake of Jayalalithaa for the love towards her. The deceased includes a college student in Lalgudi near Tiruchi and a Class 10 student in Madurai. A grade-I police constable D Velmurugan from Theni district, who received award from the hands of Jayalalithaa in 2003 and was holding Guinness record in 14 categories including swimming, back walking, attempted immolation in uniform. Some of the school teachers have also joined the protests in some place. A team of lawyers in Madras high court also staged protests.

People ending their lives to show their love towards Jayalalithaa is purely personal, but how the police personnel allow the protests, fasting, agitations in all corners of the city and rural areas affecting the common people.

Social activist and Congress party functionary and Madras high court lawyer T K R Sudha says: “I am wondering the people are crying foul for the corruption. Whether the people are accepting the politicians indulging in corruption. The same people are also sympathizing for a person who is being remanded on corruption charges. What is the logic of the general public?”

The court judgment cannot be discussed openly on any occasion. The Contempt of Courts Act, 1971 clearly says it.

The Contempt of Courts Act, 1971:

Objective: To define & limit powers of certain courts in punishing contempt of courts & to uphold the majesty and dignity of law courts and their image in the minds of the public is no way whittled down.

Contempt of court " - civil contempt or criminal contempt.

Civil contempt "- willful disobedience to any judgment, decree, direction, order, writ or other process of a court or willful breach of an undertaking given to a court;

Criminal contempt " - publication (whether by words spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which-

(iv)              scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court; or

(v)                prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or 

(vi)              interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner;

Advocate Sudha says: “If every common man takes law in their hand and starts arguing in each and every judgment will turn the decree of the judiciary system as a whole. The state government should never allow these and should take appropriate action to curtail these incidents.”

(The views are purely personal and not to hurt any sentiments of any sect of people)