CONTEMPT OF COURT IS REALLY SERIOUS

Facing criminal contempt of court proceedings? Apologize unconditionally and as swiftly as possible. Dithering is fraught with the risk of landing in jail, the Supreme Court has warned.

"An apology in a contempt proceeding must be offered at the earliest possible opportunity," said a Bench comprising Justices G S Singhvi and A K Ganguly in an order that toughens already stringent laws dealing with criminal contempt of court.

This is a higher degree of offence than civil contempt and is invoked against those who brazenly seek to slander a court's reputation.

However, Justices Singhvi and Ganguly stressed that the courts needed to exercise restraint when using the power to punish for contempt. "Contempt power has to be exercised with utmost caution and in appropriate cases," they said, underlining this was why the contempt power has not been vested in lower courts.

The Bench rejected a delayed apology by one Ranveer Yadav, who was sentenced to two months imprisonment and a fine of Rs 2,000 for creating a ruckus in a Khagaria court in Bihar forcing the trial judge to leave the court room.

His apology came long after trying to justify his misbehaviour in the court on the ground that other accused in the case had provoked him. His misconduct was aggravated by his earlier misdemeanour of being discourteous to public prosecutors coupled with his flaunting of political connection and criminal antecedents.

Rejecting his delayed apology, the Bench said: "A belated apology hardly shows the contriteness which is the essence of the purging of a contempt. A person who offers a belated apology runs the risk that it may not be accepted. Apart from belated apology, in many cases such apology is not accepted unless it is bonafide." Justice Ganguly, writing the judgment for the Bench, said: "When contempt takes place on the face of the court, people's faith in the administration of justice receives a severe jolt and precious judicial time is wasted."

 Terming Yadav's act as a clear case of criminal contempt on the face of the court, the Bench said the court reserved the right to reject any apology if it suspected it is bona fide.

"It is not incumbent upon the court to accept the apology as soon as it is offered. Before an apology can be accepted, the court must find out that it is bona fide and it is to the satisfaction of the court," Justice Ganguly said.

"However, a court cannot reject an apology just because it is qualified and conditional provided it is bona fide," he added.