Karnataka HC sends notice to law min on validity of contempt Act | India News

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BENGALURU: The Karnataka excessive court docket on Tuesday ordered notice to the ministry of law and justice on a PIL difficult the constitutional validity of Section 2(c)(i) of the Contempt of Courts Act, 1971 on the grounds that it violates Article 19 and 14 of the Constitution, is incurably imprecise and manifestly arbitrary.
The petition, collectively filed by journalists N Ram and Krishna Prasad, former Union minister Arun Shourie and senior advocate Prashant Bhushan, is probably going to be heard on February 22. Section 2(c)(i) defines prison contempt as publication or doing of any act that “scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court”. A division bench additionally ordered notice to the Attorney General of India because the constitutional validity of this central laws is dealing with problem.
The SC had in August allowed Ram, Shourie and Bhushan to withdraw their problem to the clause with the freedom to method any acceptable judicial discussion board, besides the highest court docket. They had mentioned that they have been withdrawing the plea as a number of petitions on the difficulty have been pending earlier than the SC. “The petitioners are concerned about Section 2(c)(i) and the chilling effect it has on the freedom of speech,” they’ve said of their PIL earlier than the HC.
According to them, the supply doesn’t quantity to an inexpensive restriction beneath Article 19(2) of the Constitution because it fails the take a look at of over-breadth, abridges the fitting to free speech and expression, within the absence of tangible and proximate hurt. They contended that the offence of “scandalising the court” is rooted in colonial assumptions and objects, which haven’t any place in authorized orders dedicated to democratic constitutionalism.

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