NEW DELHI: The Delhi HC is set to examine whether it can judicially review an order of the Attorney General for India refusing consent to initiate criminal contempt proceedings under the Contempt of Courts Act.
Justice Purushaindra Kumar Kaurav agreed to consider the issue after observing that different high courts have expressed divergent opinions on whether the Attorney General’s refusal under Section 15 of the Contempt of Courts Act can be challenged under Article 226 of the Constitution.
“The matter, thus, requires consideration,” the court observed in an order passed on May 13. The issue arose from a petition filed by Venkatesh S challenging a November 30, 2023 order of the Attorney General declining consent to initiate criminal contempt proceedings against certain media houses and journalists.
The plea alleged that an article discussing Supreme Court judgments during the Narendra Modi government contained remarks that were “scandalous”, lowered the authority of the apex court, and amounted to criminal contempt.
The Attorney General, however, refused consent, observing that the article reflected a particular perspective on the functioning of the judiciary and executive and could fall within the ambit of free speech and expression.
The law officer further noted that criminal contempt proceedings carry serious consequences, especially concerning freedom of speech, and that contempt jurisdiction should be invoked only in clear cases involving deliberate and wilful contumacious conduct. Following the refusal, the petitioner approached the high court seeking judicial review of the decision.