The ‘Mulgaonkar principles’ was in the news in the context of the affairs of contempt proceeding against advocate Prashant Bhushan.
Basic Facts
In the criticism against the Supreme Court’s ruling that held advocate Prashant Bhushan guilty of contempt of court, his counsel has invoked the ‘Mulgaonkar principles’, urging the court to show restraint.
S Mulgaonkar v Unknown (1978) is a case that led to a landmark ruling on the subject of contempt.
By a 2:1 majority, the Supreme Court bench held Mulgaonkar, then editor of The Indian Express, not guilty of contempt although the same Bench had initiated the proceedings.
Justices P Kailasam and Krishna Iyer formed the majority going against then Chief Justice of India M H Beg.
Justice Iyer’s counsel of caution in exercising the contempt jurisdiction came to be called the Mulgaonkar principles.
Justice Iyer argued in favour of harmonising “the constitutional values of free criticism, the fourth estate included, and the need for a fearless curial process and its presiding functionary, the judge”.
(Source: Indian Express)
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