- (1.) M. Katju, J. Heard Sri B. N. Singh, learned Counsel for the appellant and Sri K. C. Shukla for the respondent.
(2.) THIS appeal has been filed under Section 19 of the Contempt of Court Act against the orders dated 19- 8-2003 and 1-9-2003 passed by the learned single Judge of this Court in Contempt Case No. 1997 of 2003 by which the contemnor Kunwar Narendra Narain Singh, Director, Small Industries Service Institute, Naini, Allahabad has been directed to be personally present in this Court by the learned single Judge. With profound respect to the learned single Judge, we are of the opinion that the power to summon officials in contempt of Court petitions, should only be exercised in rare and extreme cases and should not be so readily exercised by this Court. This Court has got tremendous powers, but the beauty lies in not exercising those powers. This Court should not have ego problems. It does not have to show the world that it has got great powers (though undoubtedly it does ). In fact by showing humility and self restraint this Court enhances its prestige and dignity among the public. As Lord Denning said in Rex v. Commissioner of Police of the Metropolis, (1968)2 QB 150 : "let me say at once that we will never use this jurisdiction as a means to uphold our own dignity. That must rest on surer foundations. Nor will we use it to suppress those who speak against us. We do not fear criticism, nor do we resent it. For there is something far more important at stake. It is no less than freedom of speech itself. It is the right of every man, in Parliament or out of it, in the press or over the broadcast, to make fair comment, even outspoken comment, on matters of public interest. Those who comment can deal faithfully with all that is done in a Court of justice. They can say that we are mistaken, and our decisions erroneous, whether they are subject to appeal or not. All we would ask is that those who criticize us will remember that, from the nature of our office, we cannot reply to their criticisms. We cannot enter into public controversy. Still less into political controversy. We must rely on our conduct itself to be its own vindication. "
(3.) THUS, the dignity of the Court is maintained when it inspires the confidence and respect of the public, and not by putting people in fear of contempt. We may here refer to an episode from the Ramayan. When Lord Shiv's bow was broken by Rama, Parashuram appeared on the scene (in Raja Janak's darbar) and threatened to punish the person responsible. Lord Rama, who was the elder brother bowed down before Parashuram with folded hands and showed great humility, while his younger brother Laxman challenged Parashuram to a fight. Thus Lord Rama, being senior in age showed humility and maturity, while Laxman, being younger did not.;