Can a Judge Commit Contempt of his Own Court ?
By
Vikram R Desai
The Contempt of Courts Act, 1926 (XII of 1926), even as amended by Act 12 of 1937 is not a codifying and consolidating Act but, as its preamble itself suggests, it was enacted only to resolve doubts and to define and limit the powers in punishing for contempt of Courts. The latest Act of 1952 (XXXII of 1952) which repealed the Act of 1926 does not provide an answer to the above question. In the absence of a comprehensive statutory law on this subject, we have got to have recourse to authorities and case-law pertaining to this matter, it is clear from the aforementioned Acts that nowhere is there any mention or provision therein as to who can commit contempt of Court and who cannot, and as to what exactly is meant by the word ‘contempt’.
Before proceeding to answer the question now raised, we have to analyse as to what constitutes contempt of Court. Lord Hardwicke L.C., in St. Jame’s Evening Post case, Roach v. Garyan, (1742) 2 A.T.K. 469, while describing t ....