The power of contempt of court cannot be shaken by making a law: Supreme Court

New delhi date. 3

Parliament or the legislature cannot shake the powers of contempt of court even by making a law, the Supreme Court said in a case hearing on Wednesday. The court also convicted Rajiv Dahiya, chairman of an NGO, for failing to pay a fine of Rs 5 lakh for "defamation and intimidation".

"The chairman of the NGO is clearly guilty of contempt of court and we believe that his act of defamation of the court should not be taken lightly," the apex court said. A bench of justices Sanjay Kishan Kaul and MM Sundaresh said Rajiv Dahiya, chairman of NGO Suraj India Trust, was "swamping" everyone, including the court, administrative staff and the state government. The bench said that the power to impose penalty for contempt is a constitutional right which cannot be snatched away by Parliament or the Legislature. The court sent a notice to Dahiya and directed him to appear in court on October 9 for sentencing. Regarding the recovery of money, the bench said it could take the land as arrears of revenue.

The apex court had sent a contempt of court notice to Dahiya asking why no action should be taken against him for trying to offend the court. Darya told the court he did not have the resources to pay the fine and would go to the president with a mercy petition. The apex court had heard Dahiya's plea to quash the 2013 court order. The court, in a 2013 order, ordered Dahiya to pay Rs. He was fined Rs 5 lakh.