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june 1974

Supreme Court of India · 1974-06-21

BARADAKANTA MISHRA vs MR. JUSTICE GATIKRUSHNA MISHRA

Citation / case number
SC 1973/60339
Court
Supreme Court of India
Petitioner
BARADAKANTA MISHRA
Respondent
MR. JUSTICE GATIKRUSHNA MISHRA
Author
P.N. BHAGWATI
Bench
P.N. BHAGWATI

Judgment text excerpt

The Supreme Court examined whether the High Court's decision to reject a motion for contempt under Section 19(1) of the Contempt of Court Act, 1971, constituted a decision in the exercise of its jurisdiction to punish for contempt. The Court held that the High Court's actions in this case did not amount to contempt, as the appellant's statements were made in the context of administrative functions, not judicial ones. Consequently, the Court quashed the contempt proceedings initiated against the appellant, reinforcing the principle that criticism of judicial officers in their administrative capacity does not necessarily equate to contempt of court.

BARADAKANTA MISHRA vs MR. JUSTICE GATIKRUSHNA MISHRA · Niyam