Legislation cannot take away contempt power: SC

The Supreme Court has categorically said that the power to punish for contempt is a constitutional power vested with “this court”, which cannot be taken away even by a legislative enactment. This was stated by a Bench comprising Justices Sanjay Kishan Kaul and M M Sundresh, while holding Rajiv Daiya guilty of contempt of the court.

Daiya, chairperson of Suraz India Trust, a non-government organisation (NGO) was asked to deposit Rs 25 lakh for “scandalising and browbeating” the court. “We are of the view that the contemnor is clearly guilty of contempt of court and his action to scandalise the court cannot be countenanced,” the apex court observed.

Daiya was issued a notice by the Court asking why contempt proceedings should not be initiated against him for his endeavour to scandalise the court. Daiya was asked to pay RS 25 lakh in 2017 for filing 64 public interest litigations (PILs) over the years without any success and “repeatedly misusing” the jurisdiction of the top court.

He has now made an application to the court to recall the 2017 judgement as he is not in a position to pay the costs of Rs 25 lakh, imposed on him. He said in the absence of resources, he will approach the President of India with a mercy plea.