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Online edition of India's National Newspaper on indiaserver.com Wednesday, December 22, 1999 |
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Front Page National International Regional Opinion Business Sport Miscellaneous Classified Employment
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Opinion
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The dignity of judges
Sir, - In her two-part article, ``The dignity of judges''
(The Hindu, Dec. 15 and 16), Ms. Gail Omvedt has rightly
castigated the Indian Contempt of Court Act, as obsolete and out
of tune with modern jurisprudence. Many may be unaware that this
Act is a legacy of British imperialism, but while the British law
was amended decades ago, its Indian progeny still clings to its
fossilised version. Lord Denning, in his celebrated ruling (1968)
in Quintin Hogg's case, virtually sounded the death-knell of the
contempt law, with the result that there is not a single instance
of prosecution under it in the last three decades. In India, on
the other hand, ``the dignity of judges'' is so fragile that it
needs to be bolstered and buttressed by frequent recourse to
contempt of court, unmindful of Milton's historic assertion in
Areopagitica that ``a cloistered virtue is no virtue.'' Indeed,
the Contempt Act belongs to the class of lawless laws, and shares
this dubious distinction with the Judges Protection Act, 1985, in
terms of which a judge can literally get away with murder.
Section 3 of this Act states, under the title ``Additional
Protection for judges,'' that ``notwithstanding anything
contained in any other law, no court shall entertain or continue
any civil or criminal proceedings against any person, who is or
was a judge, for any act, thing or word committed, done or spoken
by him in the course of acting, or purporting to act in the
discharge of his official or judicial duty or function.''
Prof. D. C. Saxena,
Chandigarh
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