Sorabjee rues misuse of contempt power at times

Ahmedabad, Feb 10 (UNI) While acknowledging that the ''power of contempt'' is essential to ensure that the courts do not become ''impotent'', former attorney general of India Soli Sorabjee has, however, rued the misuse of the power at times.

In the new era of Constitutional supremacy and the rule of law, the judiciary is invested with enhanced powers, including that of invalidating any law that is inconsistent with the Constitution, Mr Sorabjee pointed out while delivering the second Justice P D Desai Memorial Lecture on ''Uses and Abuses of the Potent Power of Contempt'' here today.

Therefore, a free and frank debate about judicial proceedings constitutes a democratic check on the judiciary and partially ensures judicial accountability, he stressed.

Contempt power is to be exercised to prevent and punish grave interference while striking a fair balance between the Right of Free Speech and the Right to Independent Justice, Mr Sorabjee stressed.

Generally the ''contempt power'' is to be used when a newspaper publishes virulent articles, or when witnesses refuse to answer, or when lawyers abuse their adversaries or the presiding judge, or when a footwear is flung at the judicial officers. But, contempt power is also necessary to ensure compliance with court orders by parties, Mr Sorabjee pointed out.

The lecture was hosted jointly by the Justice P D Desai Memorial Lecture Committee and ''Praleen'', a public charitable trust. The committee had also organised an all India essay competition for law students on the same subject. Ketan Makhija and Ms Zera Khan, both from Hyderabad, were declared the winners of the first and second prizes respectively.

''Praleen'' has been actively engaged in the rehabilitation of mentally retarded children and also aiding children, suffering from profound hearing loss.

UNI