Accused's Baseless Allegations Against Judiciary and Tribunal Members Result in Four-Month Imprisonment
In a significant judgment, the Karnataka High Court has convicted K. Dhananjay, a former employee of the Indian Institute of Astrophysics, for criminal contempt of court. The Division Bench, comprising Mrs. Anu Sivaraman and Vijaykumar A. Patil JJ, sentenced Dhananjay to four months of simple imprisonment and imposed a fine of Rs. 2,000. The court found him guilty of making baseless and scandalous allegations against judicial officers, including members of the Central Administrative Tribunal (CAT) and judges of the Karnataka High Court.
The proceedings arose from a criminal contempt petition filed by the Indian Institute of Astrophysics, accusing Dhananjay of repeatedly making unfounded allegations of corruption and case-fixing against judicial officers and CAT members. These allegations were found to undermine public confidence in the judiciary and impair the authority of the courts.
In his defense, Dhananjay, appearing as a party in person, claimed to be a whistle blower targeted by a conspiracy involving judicial officers and his former employer. Despite his assertions, the court noted that Dhananjay failed to provide any substantial evidence to support his claims and continued his contemptuous behavior throughout the proceedings.
The judgment highlighted the importance of maintaining the dignity and authority of the judiciary, emphasizing that freedom of speech under Article 19(1)(a) of the Constitution of India is not absolute when it comes to scandalizing the courts. The court referred to past Supreme Court judgments to assert that hostile criticism aimed at undermining the judiciary does not enjoy constitutional protection.
The court's decision underscores the judiciary's role as a guardian of the rule of law, emphasizing that the trust and confidence of the public must be preserved. The judgment serves as a stern reminder that baseless accusations against the judiciary are taken seriously and attract severe consequences.
Bottom Line:
Contempt of Court - Making baseless, scandalous, and unfounded allegations against judicial officers, members of Central Administrative Tribunal, and judiciary amounts to criminal contempt. Defending such acts without remorse aggravates the contempt and invites severe punishment.
Statutory provision(s): Contempt of Courts Act, 1971 Section 2(c), Section 12(1), Constitution of India Article 19(1)(a)
Indian Institute Of Astrophysics v. K. Dhananjay, (Karnataka)(DB) : Law Finder Doc Id # 2821032
