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Supreme Court of India 2017-02-21 disposed

Transparency International India & Anr vs State of Jammu & Kashmir

Bench: 1 — Jagdish Singh Khehar

In Brief

Transparency International India and the Centre for Media Studies challenged arrest proceedings initiated by a Jammu & Kashmir Judicial Magistrate based on a published corruption study finding that 92% of the lower judiciary in the State was perceived as corrupt. The petitioners had not authored or published the article but were named as recipients of the research. The Supreme Court held that the Magistrate lacked jurisdiction to issue arrest warrants in contempt cases; only the High Court can initiate contempt proceedings under the J&K Contempt of Courts Act, 1997. The Court quashed the arrest warrant and directed the Magistrate to proceed lawfully according to the original show-cause notice, noting that general allegations about systemic corruption, when not targeting specific judges, may still warrant High Court review through proper reference procedures. The Court disposed of the petition and affirmed that proceedings against the deceased Admiral R.H. Tahiliani were abated.

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Contempt of Courts Defamation Libel Journalism Criminal Procedure Judicial Jurisdiction Transparency and Good Governance

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