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march 1978

Supreme Court of India · 1978-03-14

RAMA DAYAL MARKARHA vs STATE OF MADHYA PRADESH

Citation / case number
SC 1975/60403
Court
Supreme Court of India
Petitioner
RAMA DAYAL MARKARHA
Respondent
STATE OF MADHYA PRADESH
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court held that the publication of a pamphlet containing imputations against a Magistrate constituted contempt of court under the Contempt of Courts Act, 1971. The Court clarified that while fair criticism of judicial acts is permissible under Section 5 of the Act and Article 19(1)(a) of the Constitution, the statements made in the pamphlet were not fair comments but rather insinuations of bias. The Court emphasized that contempt jurisdiction must be exercised with restraint and that fair criticism of public acts should be encouraged, provided it does not undermine the administration of justice.

RAMA DAYAL MARKARHA vs STATE OF MADHYA PRADESH · Niyam