Court’s power of contempt can’t be taken away even by legislative enactment, says SC – The Hindu

Clipped from: https://www.thehindu.com/news/national/courts-power-of-contempt-cant-be-taken-away-even-by-legislative-enactment-says-sc/article36729237.ece?homepage=true

A bench of Justices said the chairperson of NGO, Suraz India Trust, Rajiv Daiya has been “throwing mud” at all and sundry including the court, administrative staff and the State government

Observing that the court’s power of contempt can’t be taken away even by a legislative enactment, the Supreme Court on September 29 held the chairperson of an NGO guilty of contempt for not depositing ₹25 lakh for “scandalising and browbeating” the court.

“We are of the view that the contemnor is clearly guilty of contempt of court and his action to scandalise the court cannot be countenanced,” the top court said.

A bench of Justices Sanjay Kishan Kaul and M.M. Sundresh said the chairperson of NGO, Suraz India Trust, Rajiv Daiya has been “throwing mud” at all and sundry including the court, administrative staff and the State government.

“The power to punish for contempt is a constitutional power vested with this court which cannot be taken away even by a legislative enactment,” the court said.

The top court issued notice to Mr. Daiya and directed him to be present on October 7 for hearing of the sentence.

With regard to recovery of money, the bench said it can take place as arrears of land revenue.

The top court had issued contempt notice to Mr. Daiya as to why he should not be proceeded against and sentenced for his endeavour to scandalise the court.

Mr. Daiya had told the bench that he did not have the resources to pay the costs imposed by the apex court and would approach the President of India with a mercy plea.

The apex court was hearing an application filed by Mr. Daiya seeking recall of the apex court’s 2017 judgement by which it had imposed costs of ₹25 lakh on it for filing 64 PILs over the years without any success and “repeatedly misusing” the jurisdiction of the top court.

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