Khan's Remarks: Defamatory Or Contemptuous?

Contempt and defamation are two sections of law. A distinction must be made between contempt of court and defamation against a judge in his personal capacity. If someone delivers defamatory speech or makes defamatory remarks against a judge in his personal capacity, the aggrieved judge shall have to file a suit for defamation against the alleged contemnor in his personal capacity, but not as a judge.

However, where the purpose of defamatory statements is to interfere with the dignity of the court and interference in the administration of justice, such statements would be treated as contempt of court. Defamation is defined as 'Any wrongful act or publication or circulation of a false statement or representation made orally or in written or visual form which injures the reputation of a person tends to lower him in the estimation of others or tends to reduce him to ridicule, unjust criticism, dislike, contempt or hatred shall be actionable as defamation.'

On the other hand, there are three types of contempt, such as civil contempt, criminal contempt and judicial contempt. Civil contempt means the wilful flouting or disregard of (I) an order, whether interim or final, a judgement or decree of a court, (II) a writ or order issued by a court in the exercise of its constitutional jurisdiction; an undertaking given to and recorded by, a court (III) the process of a court. Criminal contempt means the doing of any act with intent to or having the effect of, obstructing the administration of justice. Judicial contempt means the scandalisation of a court and includes personalised criticism of a judge while holding office. The phrase 'contempt of court' (Contemptus Curiae) has been in use in English Law for the last eight centuries. The law conferred the power to enforce discipline within its precincts and punish those who fail to comply with its orders.

In England, before the end of the twelfth century, contempt of court was a recognised expression and applied to the defaults and wrongful acts of suitors. Contempt of court is an act or omission, which interferes with the due administration of justice. As such, contempt is a criminal offence; even more so, it is a sui generis criminal offence. Not only is the power of contempt, one of uncertain scope, unlike any other criminal offence, but it is also exercised according to a summary procedure, which is unknown to United Kingdom's Law.

Despite this fact, the law of contempt is no longer as untouchable as...