Truth may be shield in contempt

IN Law and Policy | 22/03/2002

Reprinted with permission from the Indian Express, March 20

Reprinted with permission from the Indian Express, March 20

Truth may be shield in contempt

NEW DELHI, MARCH 19: The Constitution Review Commission has proposed that the contempt of court law be amended so that a person can plead ``truth coupled with public interest`` as a defence.

This was announced today by attorney general Soli Sorabjee, who is a member of the Commission which has finalised its report and is due to submit it by this month-end.

Delivering the first Rajendra Mathur Memorial Lecture, Sorabjee said the Commission also suggested stiff penalties on those who fail to substantiate their allegations against the courts.

These recommendations aim at dealing with a ``serious anomaly`` that deters journalists from exposing ``misdeeds and corruption`` in the judiciary, to whatever extent those are prevalent.

It is ironical that in a country that proclaims Satyameva Jayate as its motto, truth is not allowed as a defence against a contempt of court action. On the contrary, ``if a person attempts to establish his allegations against a judicial officer that will be regarded as an aggravation of contempt``, Sorabjee pointed out.

``It is therefore highly arguable that the rejection at the threshold of the plea of truth for proving the allegations operates as an unreasonable restriction on the freedom of the press," Sorabjee said.

As a result, ``media persons succumb to self-censorship and are deterred from exposing the misconduct of a few rotten eggs who tarnish the image of the judiciary and this is most unfair to the overwhelming majority of honest and conscientious judges.``

Coincidentally, a Constitution bench of the Supreme Court is also going into the plea of allowing truth as a defence against contempt.

And though the Supreme Court has otherwise consistently upheld the freedom of the press, the Commission has suggested that the same be expressly incorporated as a fundamental right rather than being interpreted merely as part of the larger freedom of speech and expression.

TAGS

Truth may be shield in contempt

Subscribe To The Newsletter

Media Watch Briefs

Amazon resisting voluntary censorship

The new term for self censorship is voluntary censorship, as proposed by companies like Netflix and Hotstar. ET reports that streaming video service Amazon Prime is opposing a move by its peers to adopt a voluntary censorship code in anticipation of the Indian government coming up with its own rules. Amazon is resisting because it fears that it may alienate paying subscribers.

Let the games begin

Clearly, the run to the 2019 elections is on. A journalist received a call from someone saying they were from Aajtak channel and were conducting a survey, asking whom she was going to vote for in 2019. On being told that her vote was secret, the caller assumed she wasn't going to vote for 'Modiji'. The caller, a woman, also didn't identify herself. A month or two earlier the same journalist received a call, this time from a man, asking if she was going to vote for the BSP.