JUDGEMENT
M. Katju, J. -
(1.) -These proceedings have been drawn in pursuance of the order dated 26.8.2002 of a learned single Judge of this Court. The facts in the context of which the aforesaid order was issued have been given in detail in the order itself and hence we are not repeating the same again.
(2.) IN that order it has been mentioned that the contemnor Ish Kumar Valecha had filed an application dated 15.5.2002 supported with an affidavit making allegations against this Court as also against the entire judicial system of this country using extremely contemptuous and scandalizing language which maligns the Court and the judiciary and lowers its dignity. IN that application it has been stated by the contemnor that the judiciary only protects the interest of the powerful people and its agents. He has made allegations of corruption, impotence, cowardice, favouritism and incompetence against the judiciary. He has alleged that 90% of the Judges are only the agents of the Executive and indulge in corruption, favouritism, cowardice, crime, etc. It is alleged that the judiciary in fact is dead in this country. Various other allegations have also been made in the application, which need not be repeated here.
Contempt jurisdiction is discretionary jurisdiction. In other words, we are not bound to take action for contempt of Court even though in fact contempt has been committed.
Now-a-days, a lot of allegations are made against the judiciary, most of them being frivolous and false. The best way to treat these allegations is to ignore them. Often such allegations are made so as to provoke learned Judges into taking action for contempt of Court, and the whole object of the contemnor is often to only get publicity in the newspapers when the news about the contempt notice is published. Hence, often the best way for the judiciary is not to react to these contemptuous and scurrilous statements, but to ignore them.
(3.) IF someone abuses us, the best way to react to this is to ignore such abuse and not to take notice of that person at all.
We are reminded of a story about Lord Buddha. Once someone abused him, but he did not react. When asked why, the Buddha replied, "When someone offers me a gift and I do not accept it, it goes back to the giver of the gift. Similarly, when someone abuses me I do not accept the abuse, and hence that too goes back to the giver.";
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