SC to study draft bill on contempt of court
Kathmandu, February 11:
The government has recently prepared a draft bill on Contempt of Court, 2008, and orwarded it to the Supreme Court for its suggestions.
This is the first time that the bill on contempt of court has been prepared by the government. Earlier, the apex court precedents were regarded as laws while punishing culprits for such offenses.
After receiving the draft, the apex court today constituted a three-member panel led by Justice Prem Sharma to study the bill. Justices Mohan Prakash Sitaula and Bharat Raj Upreti have been nominated as the members of the panel. Today’s full court meeting also
discussed on the Summary Procedure Bill, 2009.
The bill related to contempt of court has defined any offense posing hurdle in the implementation of any verdict or order of a court of law; or disobedience of such verdict or order or to delay the same as a contempt of court.
The bill has also defined publication of baseless and fabricated materials with the intention of influencing the court on any sub-judice case; beating up of a judge or defamation or disrespect to the judge; thrashing of any court official, lawyer or any litigant or witness in a court room as contempt of court offenses. Likewise, bringing cameras in hearings without the permission of the court, publishing of any court-prohibited matter and taking pictures of court proceedings without permission have also been defined as contempt of court offenses.
The bill has proposed a fine of Rs 10,000, up to a year jail term or both as punishment for persons convicted in contempt of court cases. However, a court of law may grant pardons, and suspend, commute or remit any sentence if the accused apologises for the offense. As per the bill, even a judge can be prosecuted for contempt of court.
A court of law can hear contempt of court cases either upon receiving complaints or by initiating through suo moto notices. Judges can take up such cases if anyone draws his/her attention to one’s involvement in the offense.
A court can initiate contempt cases if any description mentioned in the case is found contemptuous.