Chapter

The Truth as Defence to Contempt*

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195678291.003.0007
The Truth as Defence to Contempt*

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This chapter focuses on the Supreme Court's arbitrary use of its contempt power as shown in its judgment on the case of contempt against Arundhati Roy. In the last decade and a half, the Supreme Court has shown a touchiness that is unbecoming in the highest court in the land, a selectivity in the application of the law, a total indifference to the limits of its power and, with it, a cavalier disregard for the citizen's rights when charged with contempt. This is most unfortunate in a court which the Constitution not only empowers and enjoins to enforce the fundamental rights, but makes this right of the citizen to move the court itself a fundamental right (Article 32).

Keywords: Supreme Court; contempt power; citizen's rights; contempt of court; Article 32

Chapter.  1606 words. 

Subjects: Constitutional and Administrative Law

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