VidhiSangh

Supreme Court of India · 27/04/2020

RE : VIJAY KURLE & ORS. versus RE:

[2020] 7 S.C.R. 1014 · 2020 INSC 373

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Summary

Vijay Kurle, Rashid Khan Pathan and Nilesh Ojha were held guilty of contempt for coordinated complaints containing unsupported scandalous allegations against Supreme Court judges. The Court distinguished fair criticism of judgments from imputations intended to intimidate judges and undermine the institution. It upheld suo motu initiation without law-officer consent and found the notice and opportunity to respond fair. Truth was unsupported by material. This judgment determined guilt and listed a later hearing on sentence.

Issues

  1. Whether suo motu contempt required Attorney General or Solicitor General consent.
  2. Whether initiation, notice and the subsequent hearing complied with the Court’s rules and fairness.
  3. Whether the complaints amounted to contempt rather than fair criticism.
  4. Whether the non-signatory’s involvement and the asserted truth defence were established.

Provisions considered

Held

Result

Vijay Kurle, Rashid Khan Pathan and Nilesh Ojha held guilty of contempt. Matter listed for hearing on sentence by video conference on 1 May 2020; no sentence imposed in this judgment.

Judgment PDF: Supreme Court of India, [2020] 7 S.C.R. 1014.