Is Questioning Infallibility Contempt?
THE recent Delhi High Courts punishment of four media persons for being guilty of contempt of court has, once again, raised serious apprehensions on the exercise of this power by the judiciary. In this instance, it is also being seen, by sections, as an attack on the constitutional right of freedom of expression. Many years ago, progressive and democratic elements of the judicial system had organised a seminar on Judging the judges. Many issues concerning the issues of contempt in the context of allegations made against the conduct of judges were discussed. Rightly many of us opined that questioning the conduct of the judges need not always be construed as questioning their integrity. It definitely construes the questioning of their infallibility. This naturally raises the need to create a credible mechanism or process to deal with such allegations of misconduct. In other words, there must be some parameters or limits laid down which will permit the raising of issues of judicial miscon