Power to punish for contempt ought to be exercised only where silence is no longer an option

T.C. Gupta v. Hari Om Prakash, (2013) 10 SCC 658
Contempt of Court
Criminal Contempt
Failure to furnish requisite information or furnishing of wrong information to Court - Mens rea - Absence of - Evidence
that may be relied on - E-mail communication - High Court directing appellant public officials to furnish information inter
alia regarding names of landowners who had not filed objections under S. 5-A of Land Acquisition Act and yet their lands
were released, while appellant furnishing information which was just the reverse i.e. containing details of landowners who
had filed objections under S. 5-A and whose lands were released - Appellants tendering unconditional and unqualified
apology vide affidavit dt. 28-1-2011 for not furnishing exact information as required in terms of High Court order dt. 17-1-
2011, along with requisite information and further stating that such lapse was bona fide and unintentional with no
intention of withholding any information from Court - E-mail dt. 17-1-2011 sent by appellant to his subordinate officials
evidencing that appellant had understood High Court order in the sense it was implemented by him - High Court order dt.
17-1-2011 becoming available to appellant only at 6 p.m. on 18-1-2011, while written statement filed on 19-1-2011 - Thus
held, there was no deliberate or wilful attempt not to furnish requisite information or to furnish wrong information, rather it
was occasioned by momentary error of judgment - Such situation called for a broad and magnanimous view and
acceptance of unconditional apology tendered, which would have served dignity and majesty of institution - High Court
erred in holding appellants guilty of contempt, (2
Exercise of Contempt Jurisdiction
Wise economy of use of contempt power by court - Held, power to punish for contempt is a rare specie of judicial power
which by its very nature calls for exercise with great care and caution - Such power ought to be exercised only where
silence is no longer an option, (2013) 10 SCC 658-B

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