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Supreme Court of India 2017-02-21 partly_allowed

Transparency International India & Anr vs State of Jammu & Kashmir

Bench: 3 — Jagdish Singh Khehar

In Brief

Transparency International India and the Centre for Media Studies challenged a Judicial Magistrate's show-cause notice and arrest warrants issued over the publication of a corruption study report criticising the lower judiciary in Jammu & Kashmir. The Supreme Court held that while subordinate courts may make references to the High Court regarding general allegations against multiple courts or the judiciary as a class, only the High Court has jurisdiction to adjudicate contempt proceedings. The Magistrate's arrest warrant was quashed as being beyond jurisdiction. The Court remitted the matter for the Magistrate to proceed lawfully under the original show-cause notice, subject to the petitioners' right to respond and contest under applicable law.

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Contempt of Court Criminal Law Media and Journalism Defamation Contempt of Courts Act

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