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5. Fair criticism of judicial act not contempt - A person shall not be guilty of contempt of court for publishing any fair comment on the merits of any case which has been heard and finally decided.COMMENTS (i) The nature and circumstances under which allegations are made, the extent and the character of the publications and similar other considerations have to be taken into account in order to determine whether the act complained of amounts to contempt No action is called for, if the criticism is reasonable and is offered for the public good; In re: Guljari Lal, 1968 MPLJ 725 (730-731). (ii) Judgments are open to criticism that must be done without casting aspersions on the judges and the judges and the courts and without adverse comments amounting to scandalizing the courts; Advocate General v.Abraham George, 1976 Cr. LJ 158 (161). (iii) A fair comment on the judgment of a court could not constitute a contempt; State of Maharashtra v.Chandrakant Tripathi, AIR 1936 PC 141. (iv) The publication in newspaper of reports of proceedings before a court of law must be true; State v.Bhavani Prasad, AIR 1954 Nag 36. (v) The criticism of a judge must take form of reasonable argument or exploitation; must be made in good faith and free from the imputation of improper motives; State of Uttar Pradesh v.Brahma Prakash, AIR 1950 All 556. |