The excesses articulated under the Contempt of Court Act is against he democratic principles of the Constitution. The foundation of democracy is laid on the
concepts of freedom of speech and freedom to assemble and organise. The freedom
of speech involves the fair criticism of the authorities, which are divided
into executive, legislature and judiciary. The concept of criticism acts as a
deterrent for the humans who are the tangible face of these organs against
possible misuse of power or even human fallibility.
But in our
system, even when executive and legislature are open to fair criticism, the
courts have developed a hyper sensitivity or pseudo level of honour and dignity.
The dignity of an institution before the public shall evolve out of it's ability
to face criticism and not from it's tyranny to silence it. The respect shall be
commanded rather than demanded. Even when the legislature has option to punish
for it's contempt, it seldom uses it, even when the members are fiercely
criticised by the public. The reason being, they are answerable to the people
through ballot.
As the judiciary is not accountable to anybody,
the tyranny is showing it's face time and again through the contempt of court
Act. For every drop of hat, the ultimate weapon of contempt of court is used. By
silencing the fair criticism, the judiciary is demeaning the democracy itself. That’s
the danger zone of contempt of court Act.
Hence for the transparent, accountable and
democratic judiciary, we need to promote fair criticism of institution and it's
persons of authority and power.
So let us support the efforts to challenge the misuse of this Act in every possible
way. Of course, unity is strength.
...Adv.A.C.Philip.
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