Contempt of court

The right to approach Supreme Court under Article 32 of the Constitution of India is itself a fundamental right.

Assistant Secretary, Maharashtra Vidhan Mandal Sachivalaya issued this letter to Arnab Goswami, Editor of Republic TV, as follows :

“You were informed that the proceedings of the House are confidential………….despite this, it has been observed that you have presented the proceedings of the House before the Supreme Court on October 8, 2020. No prior permission was taken from the Speaker of the Maharashtra Assembly before presenting such proceedings in court. You have knowingly breached the orders of the Speaker of Maharashtra Assembly and your actions amount to breach of confidentiality. This is definitely a serious matter and amounts to contempt,…….”

Article 32(1) of the Constitution of India reads as under :

“32(1). The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.”

There is no doubt that if a citizen of India is deterred in any case from approaching Supreme Court in exercise of his right under Article 32 of the Constitution of India, it would amount to a serious and direct interference in the administration of justice in the country.

Show Cause for contempt:

Issue notice returnable on 23.11.2020 to Mr. Vilas Athawale, Assistant Secretary, Maharashtra Vidhan Mandal Sachivalaya, to show cause why he should not be proceeded against for contempt of this Court in exercise of our powers under Article129 of the Constitution of India.

In the meantime, the petitioner shall not be arrested in pursuance of the present proceedings impugned in the instant writ petition.

Read full judgment:

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