The Law of Contempt (Contempt of Courts and Legislatures)

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Description
The last edition was published in the year 2012. Nearly 10 years have since passed. There have been many developments in contempt law during this period. The nature of these developments is such that either one would have to mention them all or none, in the limited space afforded by a preface. I have chosen to omit a discussion on these developments and instead leave it at incorporating them into the text and allow the discerning reader to identify them while using this new edition. The importance of the law of contempt in the present context cannot be overstated. It is designed to uphold the Rule of Law and the majesty and authority of a court of law committed to the dispensation of justice. However, it must never be used to instil fear into the mind of a constructive critic, far less browbeat a concerned citizen into silence, whose views necessarily don't comply with those of a boisterous few. In my view, with the evolution of a civilized polity, the law of contempt must progressively become redundant, Keeping faith in such evolution, I still hope that this new edition will be useful to students, academicians and practitioners alike, till that time comes. This edition would not have been possible without the substantive assistance of Ms. Vineeta Meharia, Barrister and Advocate, and Mr. Deepan Kumar Sarkar, Advocate, who have both contributed to the text. I must also acknowledge the substantive help rendered by Ms. Ananya Sinha, a young and bright advocate who has recently joined the profession at the High Court, but who has been of help for long. I am grateful to Mr. Dilip Bhattacharyya, the keeper of my library, for providing the cases and other materials which he has carefully collected and preserved not only for this edition but for the previous editions as well. I acknowledge the secretarial assistance rendered by Mr. Seshadri Parthasarathy. I would like to thank LexisNexis, particularly Mr. Arjun Bhargava, Ms. Priyanka Bhutani and Ms. Saumya Chitranshi for all their help, encouragement and valuable suggestions which have enabled this edition to be published. I must also thank Mr. Darius J. Khambata, an eminent Senior Advocate, who kindly shared some instructive judgments on contempt law which I have included in this edition

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Contents
Part 1 - Constitution, contempt of courts and legislatures
Chapter 1.    Constitution and contempt of court
Chapter 2.    Constitution and contempt of legislatures constitutional provisions
Part 2 - The Contempt of Courts Act, 1971
Chapter 3.    Definitions
Chapter 4.    Civil and Criminal Contempt
Chapter 5.    Defences, Punishments, Procedures, Limitation and Conferment of Rule Power
Part 3 - Contempt of Tribunals
Chapter 6.    Tribunals
Part 4 - Contempt of legislatures
Chapter 7.    Source and nature of the power
Chapter 8.    Privileges and their breach
Chapter 9.    Contempt power
Chapter 10.  Punishment of contempt
Chapter 11.  Privilege and Juidicial Review
Appendices
    Appendix 'a' - Rules made under section 23 of the Contempt of Courts Act, 1971
    Appendix 'b' - The Contempt of Courts Act, 1952
    Appendix ‘c’ - Sanyal Committee Report
    Appendix 'd’ - The Contempt of Courts Act, 1971
    Appendix ‘e’ - Report of the joint select committee of Parliament on contempt of
    court (Bhargava committee)
    Appendix ‘f’ - The contempt of the courts bill, 1968 (bill no. VIII-B of 1968) (as
    reported by the joint committee)
    Appendix ‘g' - The Contempt of Courts (cat) Rules, 1992
    Appendix 'h' - The Central Administrative Tribunal (contempt of courts) Rules, 1986
    Appendix ‘i’ - Forms prescribed by Code of Criminal Procedure, 1973
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Author Details
Samaraditya Pal, M.A., LL.B. (Cal.), Senior Advocate, Barrister (Inner Temple)
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