Recently, Zafar commented one of my post on the sentence to Sanjay Dutt, and also requested to sign petition at http://www.freesanjaydutt.com to free Sanjay Dutt.
As I have cleared to Zafar and I reiterate, I have no interestet that Sanjay Dutt or any other Celebrity/politician get convicted just for the sake of it, but only the justice must prevail.
But it made me to think , whether sigining of such public petition to set free someone is contempt of court or not?
Contempt of Court Act,1971 defines contempt as under
In this Act, unless the context otherwise requires:
(a) ‘Contempt of court’ means civil contempt or criminal contempt.
(b) ‘Civil contempt’ means willful disobedience to any judgement, decree, direction, order, writ or other process of a court or willful breach of an undertaking given to a court.
(c) ‘Criminal contempt’ means the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which:
(i) Scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court, or
(ii) Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding, or
(iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.
(a) ‘High Court’ means the high court for a state or a union territory and includes the court of the judicial commissioner in any union territory.
Appeal to free SanjayDutt at http://www.freesanjaydutt.com reads as under :
Appeal to Petitioners:
Please let us not sit on the fence while Sanjay Dutt is sent back to prison. Clemency is a basic human right. Sanjay may have erred, we all do. None of us are perfect. But leniency should be shown keeping his conduct and contribution in mind. He is an Indian patriot and will always be that. He is a good human being. Imagine how his daughter feels who sits helpless thousands of miles away about to lose her father to another prison term.
If you can, please improve this petition by adding facts that support Sanjays case. I will edit this version to accommodate a more passionate plea. If your content is included in the petition I will add your name to the list of master petitioners.
If you are a politician, movie star, a human rights advocate, a business man your voice may carry more weight than the rest of us. Please support this worthy cause by signing this petition and forward this address to all the people you know.
May God help us all do good things.
Again I say, that I have no grudge against Sanjay Dutt, but I am just discussing the method, so no offence is intended (so , please don’t comment about it).
Now, when any person is charged with any offence s/eh may be tried according the procedure provided by the law and the judiciary is to decide the matter looking to the merits and provisions of law. Any person against whom the order is passed has right to move higher court and again the higher court decide the order of the lower court in the light of the legal provision.
Article 14 of Indian Constituion provides :
14.Equality before law.-The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
So every citizen of India has equal right before law , and the courts have to consider every case within the ambit of the law. Courts cannot consider any extronous matter while deciding.
The abovesaid appeal to set free, appears without any substance. It simply states that he may have erred, lenincy should be shown considering he is patriot, and he has daugher, and also his contribution should be considered and he should be released.
So it happens with many other accussed, they are first time offender, they are also patriot (it is easy to make statement like this, no proof required) , they have also son and daughter , fathe and mother and probably a whole Indian family to look after.So will court consider them on equal footing with Sanjay Dutt. Who will sign public petition for such millons of accussed. This will amount to discrimination and violation of the article 14.
If anybody is interested in signing public petition that should be about to bring law and order in the country
Therefore, in my view , signing such public petition is apparently interference and causing prejudices in the judicial proceeding.