Supreme Court of India
Dr. Subramanian Swamy v. Arun Shourie
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What the Court ordered
In view of the above reasons, the contempt petitions G are dismissed and the contempt notices are discharged.
Judgment, page 28
From the headnote
Contempt of Court Act, 1971: ss. 1 OA and 15 r/w. Art. 129 of Constitution of India - Contempt proceedings - Maintainability of- For the act of criticizing the report of a Commission constituted under o Commission of Inquiry Act, 1952 headed by the sitting Judge of Supreme Court - Held: Commission appointed under 1952 Act is in the nature of statutory Commission - It is in fact a fact-finding body- It is not required to adjudicate upon the rights of the parties and has no adjudicatory functions - Its findings have no binding effect - Therefore, such Commission is not a Court for the purpose
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