Political Parties writing letter to CJI amounts to Contempt

The action of the opposition parties, in writing a letter to the Chief Justice of India (CJI) alleging manipulation and brazenly biased conduct on the part of the Election Commission on issues including SIR and demanding suitable action is highly objectionable. The letter is in relation to a matter (SIR) regarding which the Supreme Court (SC) on the judicial side has already rendered decisions on certain aspects and more aspects are likely to be considered by the SC in future.

No person or association or political party can write letters to the CJI or any judge or judicial functionary in respect of any subject which is pending adjudication or likely to come up for consideration on the judicial side. Any such conduct will be interfering or tending to interfere with or tend to obstruct administration of justice and will undoubtedly amount to gross contempt of court and is punishable both under Article 129 and 215 of the Constitution read with Contempts of Court Act. The fact that many political parties have joined in writing that letter is irrelevant.

Of course the jurisdiction to initiate action for Contempt of Court is a special jurisdiction vested with the SC and the High Courts. In most cases, acts of contempt are ignored and action is taken only in rare cases in which the exercise of the power is considered necessary to maintain the dignity of the Court and the majesty of law.

Whether in the present case, which is a case of gross contempt, action for contempt of court is to be taken or not is a matter which is for the CJI to decide in his wisdom. If rival political parties or even the ruling party choose to write similar letters to the CJI or SC judges, consequences will be disastrous. Some strong action is needed to deter repetition of such acts by anyone including political parties.  

If any one including political parties seek to get relief from judiciary,one should approach the appropriate court according to procedure prescribed.None is allowed to write letters to CJI or any judge seeking redressal of grievance .Political parties should not exert pressure by writing letters.

The least that the CJI could do is to openly declare that he will not take cognizance of any such letters and that stringent action may follow in future.

 B.V. Acharya

Senior Advocate & former Advocate General for Karnataka

Bengaluru.