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may 1953

Supreme Court of India · 1953-05-08

BRAHMA PRAKASH SHARMA AND OTHERS vs THE STATE OF UTTAR PRADESH.

Citation / case number
SC 1951/22
Court
Supreme Court of India
Petitioner
BRAHMA PRAKASH SHARMA AND OTHERS
Respondent
THE STATE OF UTTAR PRADESH.
Bench
SASTRI, M. PATANJALI (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,HASAN, GHULAM,BHAGWATI, NATWARLAL H.

Judgment text excerpt

The Supreme Court held that contempt proceedings under the Contempt of Courts Act, 1926, Section 3, should not be used to protect judges from personal attacks but to safeguard public confidence in the judiciary. The Court established that reflections on a judge's conduct must be assessed for their potential to undermine public trust and whether they constitute fair criticism or mere defamation. In this case, the Court found that the resolution passed by the District Bar Association, while critical, did not amount to contempt as it was a private communication and not intended to interfere with justice, thus allowing the appeal.

BRAHMA PRAKASH SHARMA AND OTHERS vs THE STATE OF UTTAR PRADESH. · Niyam