LAW FOR ALL

Contempt of Court - Editorial in Indian Express on report of Kuldip Singh Commission's report - Whether the commission is a court -Constitutional Bench upheld that The Commission constituted under the 1952 Act is a fact finding body to enable the appropriate Government to decide as to the course of action to be followed. Such Commission is not required to adjudicate upon the rights of the parties and has no adjudicatory functions. The Government is not bound to accept its recommendations or act upon its findings. The mere fact that the procedure adopted by the Commission is of a legal character and it has the power to administer oath will not clothe it with the status of Court. That being so, in our view, the Commission appointed under the 1952 Act is not a Court for the purposes of Contempt of Courts Act even though it is headed by a sitting Supreme Court Judge. Moreover, Section 10A of the 1952 Act leaves no matter of doubt that the High Court has been conferred with the power to take cognizance of the complaint in respect of the acts calculated to bring the Commission or any member thereof into disrepute. Section 10A provides the power of constructive contempt to the Commission by making a reference to the High Court with a right of appeal to this Court. Our answer to the first question is, therefore, in the negative. In view of the above reasons, the contempt petitions are dismissed and the contempt notices are discharged. = CONTEMPT PETITION (CRL.) NO. 11 OF 1990 Dr. Subramanian Swamy …… Petitioner Vs. Arun Shourie …… Respondent = 2014 July. Part – http://judis.nic.in/supremecourt/filename=41786