To declare that the Contempt of Courts Act, 1971 is unconstitutional and void, or at least Sections 2(c)(i), 14, 16 and 17(5) thereof

1. It is a fundamental principle of jurisprudence that to institute a legal proceeding seeking a declaratory remedy or for enforcement of the same, no cause of action needs to exist.
2. The Petitioner, who is a lawyer enrolled with the Bar Council of Kerala in 1984 and practicing since then, is leading a National Campaign which has as its prime objectives the following:-

• Advertisement of vacancies of Judges of the higher judiciary, invitation of applications and references , open and transparent selection and appointment, instead of the current system of appointment by invitation where only the elite and super elite are invited, in a democratic legitimacy in the matter of selection and appointment of Judges;
• Creation of a Judicial Ombudsman or such other mechanism as is contemplated in the Judicial Standards and Accountability Bill, 2012 or the Charter/Resolution called the “Restatement of Values of Judicial Life” passed by the Supreme Court of India in its Full Court meeting held on May 7, 1997, which was ratified and adopted by Indian Judiciary in the Chief Justices’ Conference 1999 or any other meaningful mechanism where grievances against Judges could be addressed;
• Audio/video-recording of proceedings of all Courts and Tribunals and in particular the Supreme Court and High Courts, which will ensure transparency and accountability;
• Reintroduction of the transfer policy, which was described by the Seven-Judge Constitution Bench in Judges-1 case as a panacea for allegations of favouritism and conflict of interest where a lawyer is elevated as a Judge of the very same High Court where he has been practicing;
• Bring an end to the “Uncle Judge Syndrome” by transferring Judges whose immediate relatives are practicing in the very same Court;
• Abolition of the practice of designation of Advocates as a Senior Advocates or, at least, introduction of a common dress code for all lawyers, including those who are designated as Senior Advocates;
• Repeal of Contempt of Courts Act, 1971, for the said Act constitutes to be the one single obstacle which has rendered freedom of speech enshrined in Article 19 of the Constitution redundant. In none of the civil law countries, the law of contempt exists.  In England, in the 19^th Century itself, contempt by scandalizing  a Court was declared to be obsolete;
• Introduce a transparent mechanism in the appointment of Standing Counsel/Panel Advocates/Legal Officers for Central and State Governments, Statutory Bodies, Public Sector Undertakings etc., so that the prevailing system of nepotism, political favour etc., are brought to an end;
• Simplification of procedures to make the judiciary as an institution for the common man rather than it being meant to be for the Judges and elite lawyers.

 

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Writ Petition by MJN against Contempt jurisdiction filed before HC Kerala