Judges cannot demand but have to earn respect: SC

New Delhi, July 10 (UNI) In a significant ruling, the Supreme Court has held that judges will have to earn and cannot demand respect by the demonstration of power, conferred on them, under the Contempt of Court Act.

A bench comprising Justices R V Raveendran and Lokeshwar Singh Panta gave a clean chit to Rajesh Kumar Singh, Sub Divisional Officer (Police), Dabra Disrict, Gwalior, Madhya Pradesh. It also set aside the Madhya Pradesh High Court's judgement, dated March 2, 2001 ordering seven-day simple imprisonment alongwith a fine of Rs 2000 for holding an enquiry in order to shield a Sub Inspector Chandra Bhan Singh Raghuvanshi who allegedly misbehaved with judicial magistrate Dabra Pradeep Mittal on November 1, 1999.

The apex court in its judgement observed, ''this court has repeatedly cautioned that the power to punish for contempt is not intended to be invoked or exercised routinely or mechanically but with circumspection and restraint. Courts should not readily infer any intention to scandalise courts or lowering the authority of court unless such an intention is clearly established.'' The court further noted, ''jurisdiction in contempt is not to be invoked unless there is a real prejudice which can be regarded as a substantial interference with the due course of justice. Off late a perception is gaining rounds among the public that sometimes some judges are over sensitive with a tendency to treat even technical violations or unintended acts as 'contempt'. It is possible that it is done to uphold the majesty of courts but judges like every one else will have to earn respect. They cannot demand respect by the demonstration of power.'' The apex court while allowing the appeal of Rajesh Kumar Singh noted that surprisingly, the High Court dropped proceedings against IG Police N K Tripathi who directed SP Gwalior to conduct an enquiry in respect of the incident in which Raghuvanshee misbehaved with the magistrate and threatened him for initiating contempt of court proceedings against him.

UNI