HC: CONTEMPT OF COURT POWER MUST BE USED TO PROTECT RIGHTS

PANAJI: The power of contempt of court is to be used “not to protect the dignity of the court” but rather “to protect and vindicate the right of the people so that the administration of justice is not perverted, prejudiced, obstructed, or interfered with”, a bench of the Bombay high court at Goa said on Wednesday.

Disposing of a contempt petition filed by one Kashinath Shetye who accused a British citizen named David Cleaver of uploading videos on Youtube making “scurrilous” allegations against the lower judiciary, the high court ruled that “such content is best treated with contempt, rather than in contempt”.

“In such matters, we remind ourselves that it is the people that have a vital stake in the free and effective administration of justice. The court has the duty of protecting this interest of the community in the due administration of justice and, so, it is entrusted with the power to punish for its contempt. This power is to be only sparingly exercised, not to protect the dignity of the court against insult or injury, but, to protect and vindicate the right of the people so that the administration of justice is not perverted, prejudiced, obstructed, or interfered with,” said the bench of Chief Justice Dipankar Datta and Justice M S Sonak.

The court said that the Youtuber’s comments were “irresponsible” and could be possibly used by “some disgruntled litigants”. “Therefore, to take this matter further might only serve to feed the publicity craze of those that have uploaded this content...”