The power conferred on courts to initiate criminal contempt proceedings is not a shield to be used to choke the voice of citizens in a free country. In a democracy driven by free speech, courts cannot seek the comfort of the cocoon or aim to insulate themselves from criticism, be it just or otherwise, the Madras High Court observed on Wednesday.
“The contempt power is not a privilege for the court to roam free, but is a tool to trim the social psyche in meddling with the public confidence in the institution. The foundational basis for contempt jurisprudence lies in preserving the public confidence in the institution of courts, and upholding the majesty which, it must be stated, is the result of the public confidence,” Justice N. Seshasayee wrote.
He went on to state that public confidence was the anchorage on which the majesty of the courts rests and it would be best served only when courts realise their constitutional obligations to citizens and pass scrutiny by performing extremely well.
