ADR seeks action against parties for contempt of SC order

ADR seeks action against parties for contempt of SC order

Subject : Polity

Section: Judiciary

Concept :

• Flagging what it called was a “deliberate act of contempt” by political parties, the Association for Democratic Reforms (ADR) wrote to the Election Commission seeking action against parties that fail to publish details of criminal antecedents of candidates as per orders of the Supreme Court and the poll panel.

Details

• The apex court had on September 25, 2018 directed all political parties to publish the details of criminal antecedents of their candidates, including the reason for selecting them.
• Hearing a contempt petition on its order not being implemented, the Supreme Court on February 13, 2020 directed the parties to list out the reasons for nominating such candidates within 72 hours of their selection.
• The EC issued directions to the parties on October 10, 2018 and March 6, 2020 in compliance with the SC’s orders, making it mandatory for all parties to publish the details on their websites.

About ‘Contempt of Court’:

• Contempt of court is the power of the court to protect its own majesty and respect. The power is regulated but not restricted in the Contempt of Courts Act, 1971.
• The expression ‘contempt of court’ has not been defined by the Constitution.
• However, Article 129 of the Constitution conferred on the Supreme Court the power to punish contempt of itself.
• Article 215 conferred a corresponding power on the High Courts.

The Contempt of Courts Act, 1971 defines both civil and criminal contempt.

• Civil contempt refers to wilful disobedience to any judgment of the court.
• Criminal contempt can be invoked if an act:
• Tends to scandalise or lower the authority of the court.
• Tends to interfere with the due course of any judicial proceeding.
• Obstruct the administration of justice.