NEW DELHI: The Department-related Parliamentary Standing Committee on Law and Justice has accepted the Centre's move to make `truth' as defence in the Contempt of Court law in public interest.

In its report laid in Parliament last week, the Committee headed E.M. Sudarsana Natchiappan said by introducing `truth' as defence, which was not available so far, the Contempt of Court law would provide fairness in procedure and meet the requirements of Article 21 (right to life and liberty) of the Constitution.

The Bill placed in the Lok Sabha in May was referred to the committee. Accordingly, the committee considered views and suggestions of experts, legal luminaries and representatives of the government and the report of the National Commission to Review the Working of the Constitution on the need to introduce `truth' as defence.

While appreciating the government move, the committee did not overlook the need to amend the Constitution in future, keeping in view the inherent powers exercised by the Supreme Court and the High Courts. It observed that the higher judiciary known for maintaining principles of reasonableness and fairness would give due regard to the spirit of the amending legislation. Any decision to amend the Constitution might be taken by the government seeing the experience of enforcement of the proposed legislation.

On who should decide contempt of court proceedings — whether the same Judge against whom allegations had been made or a different Judge — the committee observed that the whole exercise of introducing the defence of truth would be futile and meaningless if a different Judge did not hear contempt proceedings.

The committee has recommended deletion of the words "in public interest" in clause 2 of the Bill, as in its opinion, there will be an extreme burden imposed on the contemnor and "unless he establishes truth in the public interest, the court will not allow him to proceed further. This would defeat the very purpose of the legislation."

The committee has found it more appropriate to suitably insert or reflect the proposed defence of truth as one of the exemptions or defences for, it would give the contemnor additional help since he might plead the defence of truth.

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