Opinion - Letters to the Editor   

Contempt power

In the article “Contempt power and some questions” (Oct. 1), V.R. Krishna Iyer has provided a comprehensive and convincing account of the contempt power of the judiciary. Judges are not above criticism. Fair and objective commentaries in the media on the functioning of the judiciary should not only be tolerated but also encouraged. Lord Atkin’s words aptly stress the need for the judicial system to put up with the scrutiny and comments of ordinary men.

I.S. Kanthimathinathan,

Tirunelveli

As pointed out by Justice Krishna Iyer, the contempt law is of ancient British vintage. A Supreme Court judge expressed similar views in a lecture published by The Hindu on January 22. He said that the only situation in which he would have to take some action under the contempt law would be when his functioning as a judge was made impossible — when someone jumped up on to the dais of the court and ran away with the file or kept shouting in court or threatened a party or a witness.

Allegations of irregularities in the higher judiciary have been a cause for grave concern and it is only fair in the public interest that the press highlights such irregularities so long as the same is not done with ulterior or personal motives. The contempt law as it stands today does not provide for rational debate on the functioning of the judiciary. Protecting the dignity of the courts is no doubt sacramental but is not protecting the spirit of democracy more sacred?

Vikram Ramakrishnan,

Chennai

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