Dismissing a 24-year-old criminal contempt petition in Dr Subramanian Swamy v Arun Shourie, the Supreme Court recently held the “mere fact that the procedure adopted by the commission [set up under the Commissions of Inquiry Act, 1952] is of a legal character and it has the power to administer oath will not clothe it with the status of a court”. As such, a commission, even one headed by a sitting judge of the Supreme Court, is not a court for the purposes of the Contempt of Court Act, 1971.
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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
