Professional Documents
Culture Documents
H. SHEIKH
V/S
STATE OF GUJARAT
2006 SC
DATE OF JUDGMENT: 08/03/2006
BENCH: ARIJIT PASAYAT & H.K. SEMA
ACKNOWLEDGMENT
I would like to express my special thanks of gratitude to my teacher PROF AMRIT KAUR who
gave me the golden opportunity to do this wonderful project on the topic Zahira Sheikhs Case,
which also helped me in doing a lot of Research and I came to know about so many new things. I
am really thankful to her. I would also like to thank my parents and friends who helped me a lot
in
finishing
this
project
within
the
limited
time.
I am making this project not only for marks but to also increase my knowledge.
THANKS AGAIN TO ALL WHO HELPED ME.
CONTENTS
1.
2.
3.
4.
5.
6.
7.
8.
LIST OF ABBREVIATIONS----------------------------------------------- 4
TABLE OF CASES-------------------------------------------------------- 5
INTRODUCTION---------------------------------------------------------- 6
CONTEMPT OF COURT------------------------------------------------- 7 -9
JUDGMENT-------------------------------------------------------------10-11
SUPREME COURT REMARKS-----------------------------------------12-13
PURPOSE------------------------------------------------------------------14
WEBLIOGRAPHY ------------------------------------------------------- 15
LIST OF ABBREVIATIONS
AIR
Honble
Honorable
et cetera
i.e.
r/w
read with
S.
Section
LJ
Law Journal
Re.
Reference
US
United States
No.
Number
Ors.
Others
Cri.
Criminal
p.
Page
w.e.f
PC
Privy Council
FC
Federal Court
SC
Supreme Court
SCC
v.
Versus
Vol.
Volume
Pat.
Patna
&
and
TABLE OF CASES
INTRODUCTION
Zahiras case is the landmark judgment of the Honble Supreme Court of India on law relating to
the Contempt of Court. The case is commonly referred as the Best Bakery Case. The incident
involved the burning down of the Best Bakery, a small outlet in the Hanuman Tekri area of
Vadodara as a part of communal riots on March 1, 2002. Twelve Muslims and two others were
-ZAHIRA HABIBULLA H. SHEIKH V. STATE OF GUJARAT 2006 SC -Page 5
CONTEMPT OF COURT
In a democracy people should have right to criticize judges. The purpose of should not be to
upheld the majesty and dignity of the court but only to enable it to function.
This project is about contempt of court. It concerns the constitutional provisions empowering the
Supreme Court (Art. 129) and the High Courts (Art. 215) to punish for contempt of themselves
(and declaring them to be courts of record). The relation of these provisions (primarily Article
1 http://www.lawyersclubindia.com/articles/print_this_page.asp?article_id=15201/5 contempt of court
Scandalizes, or tends to scandalize, or lowers or tends to lower the authority of, any
(ii)
court;
prejudices, or interferes or tends to interfere with, the due course of any judicial
(iii)
proceeding; or
interferes or tends to interfere with, or obstructs or tends to obstruct, the administration
of justice in any other manner;
Coming to the relationship between the inherent powers of a court of record and the Contempt of
Courts Act, as mentioned above Parliament cannot take away this inherent power or confer it
afresh by legislation. However, the procedure for a contempt of court proceeding and the extent
of punishment can be prescribed by Parliament under Article 142(2).
* The nature of relief sought and the reasons assigned are such that even under the pretext of
filing a review such an exercise cannot be undertaken, virtually for re-hearing and alteration of
the judgment because it is not to the liking of the party, when there is no apparent error on record
whatsoever to call for even a review. The said move is clearly misconceived and nothing but
-ZAHIRA HABIBULLA H. SHEIKH V. STATE OF GUJARAT 2006 SC -Page 11
PURPOSE
The best shield and the amour of a judge in his reputation of integrity, impossibility, and
learning. Any judge will hardly need to use the contempt power. I would like to say that the law
of contempt of court can be made certain once it is accepted that the purpose of the contempt of
WEBLIOGRAPHY
1. http://www.lawyersclubindia.com/articles/print_this_page.asp?
article_id=15201/5
2. ://www.lawyersclubindia.com/articles/print_this_page.asp?article_id=1520
3/5
-ZAHIRA HABIBULLA H. SHEIKH V. STATE OF GUJARAT 2006 SC -Page 14